Intellectual Property Dimensions of Biodiversity Resources: From Evidence to Action

Nomani, Md.Zafar Mahfooz

Abstract

The Indian law on protecting plant variety and biodiversity, along with its attendant rules and guidelines, tries to capture the biological inventions and evergreening. However, the techno-legal dimension of access and benefit-sharing falls beyond the pale and purview of the natural scientist's intense examination. The Supreme Court, High Court, and National Green Tribunal (NGT) frequently confront the legal interpretation of Normally Traded Commodities (NTCs), Value-Added Products (VAPs), and prospecting of biological resources. These vexed issues having a potential bearing on scientific research and innovations necessitate amicable resolution of complex biodiversity disputes to keep people and researchers' faith and other commercial entities in the judiciary intact. The paper attempts to subsume these concerns and highlight the repercussions of judicial interpretation and perception of biological resources on biotechnological research and discoveries in the Indian context.

Keyword(s)

Biodiversity Resource; Commercial Utilization; Normally Traded Commodities; Value Added Product; Biological Diversity Act, 2002; Access and Benefit Sharing (ABS)

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