Category Archives: Biological Diversity

Biological Diversity Opportunities

Webinar on Digital Sequence Information (DSI): Implications on Access & Benefit Sharing [October 4-7]


We’re pleased to inform you that the DPIIT IPR Chair of Inter University Centre for Intellectual Property Rights Studies at the Cochin University of Science and Technology (CUSAT) is organizing a four day webinar on “Digital Sequence Information(DSI)- Implications on Access and Benefit Sharing” from October 4-7 2021. For further details, please read the announcement below. Webinar on Digital Sequence Information (DSI): Implications on Access & Benefit Sharing The four-day webinar aims to sensitise the legal fraternity about the challenges posed…


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Biological Diversity Copyright Geographical Indication Others Patent Trademark

SpicyIP Weekly Review (January 4 – 10)


Topical Highlight Issues in Sci-Hub Case ‘A Matter of Public Importance’ In this post, Swaraj highlighted some issues that came up during the hearing of the recent litigation, involving Elsevier, Wiley, and ACS suing Sci-Hub and LibGen for copyright infringement. He observed that it was a positive step for Justice Midha of the Delhi High Court to repeatedly point out that case was ‘a matter of public importance’, and he would not want to pass any orders without hearing the various…


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Biological Diversity

National Biodiversity Authority Imposing Upfront Monetary Payment as Benefit Sharing for Research


There has been a recent development in the context of the Biological Diversity Act, 2002 (‘BDA’), which I thought was interesting to share and discuss on the blog. Back in 2018, the Central Government issued the direction to the National Biodiversity Authority (‘NBA’) purportedly under Section 48 of the BDA. According to this office memorandum (followed by another) a kind of immunity deal was provided for persons who had committed any acts without the required approval from the authorities under…


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Biological Diversity Copyright Design Others Patent Privacy Trademark

SpicyIP Weekly Review (November 30- December 6)


Topical Highlight COVID-19 Vaccines: Patent Ownership and the Barriers to Equitable Access In this post, Adyasha conducts a thorough analysis of the vaccines developed by Moderna, Pfizer-BioNTech and AstraZeneca-Oxford, the complex ownership status of their intellectual property, the bilateral pre-purchase deals struck with higher-income countries and their implications on the Global South. She first notes the importance of public funding for the fruition of the three vaccines upon which patent protection is being claimed by their respective owners. She then…


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Biological Diversity Others Traditional Knowledge

Enabling the Use of People’s Biodiversity Registers within Environmental Impact Assessments


This post was co-authored by Dayaar Singla and myself. Dayaar is a final year student at NALSAR University of Law. He is an editor of the Indian Journal of Intellectual Property Law and the Editor-in-Chief of the Law and Other Things Blog, which Late Prof. Shamnad Basheer was an initial contributor to. In this post we look at recent changes to the creation of People’s Biodiversity Registers (PBRs) as well as the draft Environmental Impact Assessment (EIA) 2020 notification to…


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Biological Diversity

The New (Draft) Access and Benefit Sharing (ABS) Guidelines – Part II


Continuing further on my comments on the new Draft ABS Guidelines, 2019. Definition of Conventional Breeding Under draft Regulation 12(d), accessing biological resources for “conventional breeding or traditional practices in use in any agriculture, horticulture, poultry, dairy farming, animal husbandry or bee keeping”, is exempt from approval.  This exemption can perhaps be traced to the exclusion of the said activities in Section 2(f) of the BDA. However, the regulations now add a qualifier that such activities are exempt only if…


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Biological Diversity

The New (Draft) Access and Benefit Sharing (ABS) Guidelines – Part I


In this post, I intend to share my views on the draft “Guidelines on Access to Biological Resources and Associated Knowledge and Equitable Sharing of Benefits Regulations, 2019” (draft ABS Regulations, 2019). As many may be aware, the previous version of the same guidelines was issued in 2014, viz., ABS Regulations, 2014. The draft ABS Regulations, 2019, is intended to replace the earlier version and was put up for comments earlier this year. The topic is a little dated, but…


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Biological Diversity

Developing Bio-Cultural Jurisprudence for Securing Rights of Indigenous Peoples and Local Communities  – Divya Pharmacy v. UoI


We’re pleased to bring to you a guest post by Alphonsa Jojan. Alphonsa teaches at Tamil Nadu National Law University, Trichy. She has written a guest post for us earlier as well. Developing Bio-Cultural Jurisprudence for Securing Rights of Indigenous Peoples and Local Communities – Divya Pharmacy v. UoI Alphonsa Jojan On 21st December, 2018, the Uttarakhand High Court delivered its judgment (previously covered on the blog here) on a contentious issue under the Biological Diversity Act: whether  Indian companies,…


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Biological Diversity

The Uttarakhand High Court’s Flight of Fancy While Interpreting the Biological Diversity Act


In a judgment delivered on December 21, 2018 a judge of the Uttarakhand High Court ruled that Divya Pharmacy, an Indian company that manufactures Ayurvedic medicines, will be subject to the benefit sharing obligations under the Biological Diversity Act. As a result, Divya Pharmacy will be required to make payments to the Uttarakhand State Biodiversity Board as per the rates laid down in the Access and Benefit Sharing Guidelines, 2014. Like many other Indian companies, Divya Pharmacy had taken the…


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Biological Diversity

India’s Biodiversity Law Has Turned Out to Be a Nightmare for Scientists and Businesses – Parliament Should Repeal It


Earlier this year, a group of primarily Indian scientists stirred a pot a bit when they published a piece in Science on how the Convention of Biological Diversity (CBD) is a ‘cure’ that ‘kills’ because it has made biodiversity research quite complicated. The argument put forth by these scientists is that the CBD was inspired by unrealistic expectations regarding the commercial value of their biological resources and that the fences erected by national legislation (in pursuance of the CBD) have…


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