In addition to protecting ecological stability, biodiversity conservation also protects the socio-ecological interests of conservationists.
Accordingly, the Government of India enacted the Biological Diversity Act in 2002, in order to conserve biological diversity in India, use its components sustainably, and share benefits resulting from their use fairly.
Intellectual Property Rights (IPR) encourage the commercialization of seeds, monocultures, and the protection of new plant varieties, microorganisms, and genetically modified organisms. All product and process patents have been extended to 20 years by this Amendment Act, 2002.
There will now be a patentable subject in India for microorganisms. Due to India’s recent membership in UPOV (1978 Act), new plant varieties will be certified in India under the PBR system. As part of the process of creating a sui generis system, India also passed the Plant Protection Bill earlier this year. The Budapest Treaty also includes the deposit of biological materials.
As the demand for bio-products has grown in recent decades, commercialization of traditional biodiversity knowledge has also increased.
The plaintiff, in this case, is Toyota Jidosha Kabushiki Kaisha and they seek to prevent the defendant, a spare parts supplier by the name M/S Prius Auto Industries Limited, from the usage of the trademarks- “Toyota”, “Innova”, and “Prius”. According to the finding of the court, two of the three trademarks mentioned, namely Toyota and […]
Intellectual property rights create a situation in which the inventor or the creator enjoys full ownership and rights to commercial exploitation of his creation while everyone else is excluded. The justification is that such a creation, if it has material value, must benefit the creator while preventing others who would otherwise commercially exploit the concept […]
WIPO defines copyright as the right of creators to ownership of their creations and to make use for commercial or other purposes. Copyright today covers literary creations, printed material, computer programs, data, audiovisual media, dance, paintings and drawings, photographs, sculpture, architecture, ad material, technical drawings and others that are the outcome of intellectual effort. From […]