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Biodiversity Protection

This document outlines the topics that will be covered in a course on biodiversity protection. The course covers international instruments related to biodiversity protection like the Convention on Biological Diversity and the Nagoya Protocol. It examines the relationship between intellectual property and biological diversity. Key terms from the Biological Diversity Act of 2002 are defined. Case studies on biological diversity from India are presented to justify the need for biodiversity legislation. Finally, the administrative powers and challenges of implementing the Act are discussed.

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Gargi Upadhyaya
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200 views3 pages

Biodiversity Protection

This document outlines the topics that will be covered in a course on biodiversity protection. The course covers international instruments related to biodiversity protection like the Convention on Biological Diversity and the Nagoya Protocol. It examines the relationship between intellectual property and biological diversity. Key terms from the Biological Diversity Act of 2002 are defined. Case studies on biological diversity from India are presented to justify the need for biodiversity legislation. Finally, the administrative powers and challenges of implementing the Act are discussed.

Uploaded by

Gargi Upadhyaya
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Biodiversity Protection

Unit- I: Introduction

 Meaning and scope of traditional knowledge


 Interface between IP and Traditional knowledge
 Need and significance of protection
 International instruments on traditional knowledge
 Developments in WIPO

Unit- II: International Instruments on Biodiversity protection


 Rio Declaration on Environment and Development, (1992)
 The Convention on Biological Diversity, (1992)
 Bonn Guidelines on access to genetic resources and the fair and equitable
sharing of benefits arising out of their utilization, (2002)
 International Treaty on Plant Genetic Resources for Food and Agriculture,
(2001)
 The Mataatua Declaration on Culture and Intellectual property Rights of
Indigenous People, (1993)
 UN Declaration on the Rights of Indigenous Peoples, (2007)
 The Nagoya Protocol, (2010)
 The Cartagena protocol on Biosafety, (2000)
 Other TRIPs Plus initiatives
Unit- III: Relationship between Intellectual Property and Biological Diversity

 The relation between IP and Biological Diversity


 Concept of Biological Diversity
 Provisions under Biological Diversity vis a vis Intellectual Property
 Protection available to Biological Diversity under IPR

Unit- IV: Terminologies under the Biological Diversity Act, 2002

 Understanding what is or not Biological Resources with reference to “value


Added products”
 Exemption of local communities, Vaids and Hakims
 “Commercial Utilization” and “Traditional Practices”

Unit- V: Case Studies on Biological Diversity: Justification for the Biological


Diversity Law in India

 Biological Diversity Conservation before BD Act, 2002


 The kani Case of Arogyapaccha
 The Monsanto India Limited Case
 Neem, Turmeric and Basmati Patent Case
 The Pepsico Seaweed Case
 Bio India Biologicals: Exporting of Neem Leaves Case
 Czech Republic’s Scientists Case
 Monsanto’s Wheat patent on Nap-Hal Case
 Japanese National’s Case
 Divya Pharmacy v. Union of India
Unit- VI: Legal and Administerial Overreach within the Biological Diversity
Act

 Umbrella Powers of the National Biodiversity Authority; the State


Biodiversity Boards
 Challenges of the Biodiversity Management Committees

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