Biological diversity plays a vital role in the conservation of nature as well as the development of the biotechnology industry. The biodiversity of plants, animals, fishes, and all living organisms is essential to progress in improving their productivity.

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.

January 2023
Delhi High Court sets aside registration of ‘Swiss Military’ trademark by private company
The Delhi High Court has set aside the registration of ‘Swiss Military’ and the logo by a private company called Promoshirts SM. The HC has held that a red cross with white background and the words ‘Swiss Military’ serve as a source identifier for the goods of Swiss Origin for the public.
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January 2023
Return of iconic Yezdi motorcycle hits legal hurdle, Karnataka HC cancels trademark acquisition by heir of original maker
The return of ‘Yezdi’, an iconic Indian motorcycle from the 1970s, has suffered a legal setback with the Karnataka High Court ruling as illegal the acquisition of the ‘Yezdi’ trademark by a member of the family of the original owners — Ideal Jawa (India) Pvt Ltd — which went into liquidation two decades ago.
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December 2022
India to seek IPR waiver for green energy tech at G20
India is planning to push for a waiver of intellectual property rights (IPR) for technologies related to green energy and energy transition in a bid to bridge the technology gap across G20 countries, two officials aware of the matter said. India took over presidency of the grouping earlier this month.
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News & Events

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Breaking News: Toyota Loses Trademark Battle over Prius at Indian Supreme Court

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 […]

Why Intellectual Property Rights

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 […]

An Overview of Copyright

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 […]

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