Do’s and Don’ts for BioDiversity Authority before applying for Patent

Jul 272020
Patent Attorney in India

India has ample biological resources and which is why it is known to the world.Large variety and species of flora and fauna are spread in thousands of acres of land making the land blessed with natural resources. In order to access and regulate the natural resources properly, India implemented Biological Diversity Act 2002 and was put to practice. For people of India and abroad to research on natural resources, produce papers related to researches and to study these biodiverse resources, one must take approval from the National BioDiversity Authority as everything that comes under biodiversity resources is protected by Intellectual Property rights and anybody who is not approved to research or access these resources will be termed as an infringer and will be dealt by the Intellectual Property law.

How does National Biodiversity Authority grant patents

National Biodiversity Authority was constituted in the year 2003 for implementing the Biological Diversity Act of India. It is an autonomous and statutory body that comes under the ministry of Environment Forests and climate change.
The Biological Diversity Act, 2002, was passed with the point of the arrangement of proper sharing of advantages of the utilization of organic assets and information. Under this target, Section 6 of the Biological Diversity Act carefully prohibits an application for any protected innovation directly inside or outside India, about any development with a premise in examination or data on organic assets acquired from India, without earlier endorsement of National Biodiversity Authority (NBA).
The Patents Act (1970) is interconnected with the National Biodiversity Authority Act in the way that it is compulsory to make reference to the source and geological beginning of the natural asset acquired. On the off chance that the organic asset utilized by the patent candidate is of Indian inception, an assertion ought to be given during the documenting of the patent application that the important consent from the National Biodiversity Authority would be submitted before the Patent Attorney in India. For the situation where the asset isn’t of Indian cause, the equivalent ought to be referenced in the determination alongside the remote source and topographical beginning. The Patents Act further supplements the Biodiversity Act in that neglecting to reveal or bogus divulgence of the source and geological starting point of organic assets may add up to a ground for restriction or even renouncement of the patent award.

Working of National Biodiversity Authority

Working of National Biodiversity is evenly structured and widespread in different segments. It has certain powers and functions which are discussed below

  1. To regulate activities referred in sections 3, 4 and 6 by regulations issue guidelines for access to biological resources.
  2. The National Biodiversity Authority may concede endorsement for undertaking any movement alluded to in areas 3, 4 and 6.
  3. The National Biodiversity Authority may-
  • exhort the Central Government on issues identifying with the preservation of biodiversity, manageable utilization of its segments and even handed sharing of advantages emerging out of the use of natural assets;
  • prompt the State Governments in the determination of regions of biodiversity significance to be advised under sub-area (1) of segment 37 as legacy destinations and measures for the administration of such legacy locales;
  • perform such different capacities as might be important to do the arrangements of this Act.

4. The National Biodiversity Authority may, for the Central Government, take any estimates important to restrict the award of protected innovation rights in any nation outside India on any organic asset acquired from India or information related with such a natural asset which is obtained from India.

Biodiversity related patents from India perspective

Section 6(1) of the Biological Diversity Act 2002 says

“No person shall apply for any intellectual property right, by whatever name called, in or outside India for any invention based on any research or information on a biological resource obtained from India without obtaining the previous approval of National Biodiversity Authority before making such application; provided that, if a person applies for a patent, permission of the National Biodiversity Authority may be obtained after the acceptance of the patent but before the sealing of the patent by the patent authority concerned; provided further that the National Biodiversity Authority shall dispose of the application for permission made to it within a period of ninety days from the date of receipt thereof.”

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Ketana Babaria Ms. Ketana Babaria, an advocate and registered patent Agent M. Sc. LL.B PGO-IBM, is of 20 years experience in the field of IPR, worked for generics and giants now leads a team, handling all aspects of patent and legal matters related to the pharmaceutical & non-pharmaceutical.