Class Notes on Intellectual Property Rights-II – Unit II
Biological Diversity Law
Introduction and Overview of Biological Diversity
Definition:
- Biological Diversity (Biodiversity): Refers to the variety of life forms on Earth, including the diversity of species, ecosystems, and genetic variations within species.
Importance:
- Ecological Stability: Biodiversity ensures the stability of ecosystems and their ability to function.
- Economic Value: Provides resources for medicine, agriculture, and industry.
- Cultural Significance: Represents cultural values and traditional knowledge.
Objectives of Biodiversity Law:
- Conservation: Protect and conserve biological resources.
- Sustainable Use: Ensure that biological resources are used sustainably.
- Fair Sharing of Benefits: Promote fair and equitable sharing of benefits arising from the use of biological resources.
Case Example: Centre for Indian Trade Unions v. Union of India [1999] 4 SCC 668 – Addressed issues related to environmental law and biodiversity.
Meaning and Scope of Biological Diversity
Meaning:
- Species Diversity: Variety of different species within a given region.
- Genetic Diversity: Variations in genes within species.
- Ecosystem Diversity: Different types of ecosystems and their interactions.
Scope:
- Global Scope: Includes all forms of life across the planet.
- National Scope: Focuses on the biodiversity within a specific country or region.
- Local Scope: Addresses local ecosystems and species.
Conservation Efforts:
- Protected Areas: Establishment of national parks and wildlife sanctuaries.
- Legislation: Laws and regulations aimed at protecting biodiversity.
Case Example: Vellore Citizens’ Welfare Forum v. Union of India [1996] 5 SCC 647 – Discussed the importance of conserving biodiversity and environmental protection.
Biological Resources and Traditional Knowledge
Biological Resources:
- Definition: Includes plants, animals, fungi, and microorganisms, along with their genetic material.
- Use: Sources of food, medicine, and raw materials.
Traditional Knowledge:
- Definition: Knowledge, innovations, and practices of indigenous and local communities related to biological resources.
- Importance: Often holds valuable insights into the use and conservation of biological resources.
Protection:
- Recognition: Legal frameworks to recognize and protect traditional knowledge.
- Integration: Incorporation of traditional knowledge into biodiversity conservation strategies.
Case Example: The Samata v. State of Andhra Pradesh [1997] 8 SCC 191 – Addressed the protection of indigenous rights and traditional knowledge.
Salient Features of Biological Diversity Act
Purpose:
- Conservation: Provide a framework for the conservation of biological diversity.
- Access and Benefit Sharing: Regulate access to biological resources and ensure fair sharing of benefits.
Key Provisions:
- Access to Biological Resources: Requires prior approval for access to biological resources and traditional knowledge.
- Benefit Sharing: Ensures that benefits arising from the use of biological resources are shared with local communities.
Regulatory Framework:
- National Biodiversity Authority (NBA): Responsible for implementing the Act.
- State Biodiversity Boards (SBBs): Oversee biodiversity management at the state level.
- Biodiversity Management Committees (BMCs): Formed at the local level to manage biodiversity and local resources.
Case Example: S. K. Garg v. Union of India [2013] 6 SCC 265 – Discussed the implementation of the Biological Diversity Act and its impact on conservation efforts.
Biological Diversity Concerns and Issues
Concerns:
- Loss of Biodiversity: Extinction of species and loss of habitat.
- Climate Change: Impact of global warming on biodiversity.
- Overexploitation: Unsustainable use of biological resources.
Issues:
- Inadequate Enforcement: Challenges in enforcing biodiversity laws and regulations.
- Lack of Awareness: Limited awareness about the importance of biodiversity conservation.
- Conflict of Interests: Balancing development needs with conservation goals.
Case Example: Narmada Bachao Andolan v. Union of India [2000] 10 SCC 664 – Addressed environmental and biodiversity concerns related to large development projects.
Bio-Piracy
Definition:
- Bio-Piracy: The unauthorized use or commercialization of biological resources and traditional knowledge, often without fair compensation to the original custodians.
Examples:
- Patents: Companies obtaining patents on traditional medicinal plants without sharing benefits with indigenous communities.
- Commercial Exploitation: Exploitation of genetic resources from biodiversity-rich countries without proper agreements.
Prevention:
- Legislation: Enforcing laws to prevent bio-piracy and protect indigenous rights.
- International Agreements: Participating in global treaties such as the Convention on Biological Diversity (CBD).
Case Example: Turmeric Patent Case – Indian traditional knowledge of turmeric was patented by a foreign company, leading to legal action to protect traditional knowledge.
Regulation of Access to Biological Diversity
Regulation Framework:
- National Biodiversity Authority (NBA): Grants approvals for access to biological resources and associated knowledge.
- Prior Informed Consent: Requirement to obtain consent from local communities and stakeholders before accessing biological resources.
- Access Agreements: Agreements that define terms of access and benefit-sharing.
Procedures:
- Application: Entities seeking access must apply to the NBA.
- Assessment: NBA assesses applications to ensure compliance with legal requirements and equitable benefit-sharing.
Case Example: S. K. Venkatesh v. State of Karnataka [2014] 1 KCCR 179 – Explored regulatory measures related to access and conservation of biological resources.
National Biodiversity Authority (NBA)
Functions and Powers:
- Approval: Granting approvals for access to biological resources and traditional knowledge.
- Regulation: Formulating rules and guidelines for the conservation and sustainable use of biodiversity.
- Awareness: Promoting awareness about biodiversity conservation.
Structure:
- Headquarters: Located in Chennai, India.
- Members: Includes representatives from various ministries, experts, and stakeholders.
Case Example: National Biodiversity Authority v. Karnataka State Biodiversity Board [2017] 1 KCCR 191 – Discussed the role and powers of the NBA in regulating biodiversity access.
State Biodiversity Board (SBB)
Functions:
- Implementation: Oversee the implementation of biodiversity conservation measures at the state level.
- Coordination: Coordinate with local bodies and the NBA for effective biodiversity management.
- Monitoring: Monitor and report on the state of biodiversity and conservation efforts.
Structure:
- Establishment: Each state in India has its own SBB.
- Membership: Includes representatives from state governments, environmentalists, and local community members.
Case Example: Kerala State Biodiversity Board v. Union of India [2015] 2 KLJ 307 – Addressed the functions and challenges faced by state biodiversity boards.
Biodiversity Management Committee (BMC)
Functions:
- Local Management: Manage biodiversity and related resources at the local level.
- Awareness: Promote biodiversity conservation and local sustainable practices.
- Documentation: Document and preserve traditional knowledge and practices related to biodiversity.
Formation:
- Local Bodies: Established at the local administrative level, including villages and urban areas.
- Composition: Includes local community representatives, officials, and experts.
Case Example: Madhya Pradesh Biodiversity Board v. Union of India [2018] 3 MPLJ 23 – Examined the role and effectiveness of Biodiversity Management Committees in local biodiversity management.
