Article
The hidden complexity of biodiversity compliance
By Dr. Malathi Lakshmikumaran and Aashmeen Kaur
Biological Diversity Act, 2002 mandates every person applying for intellectual property rights based on research or information on Biological Resources accessed from India to seek approval from the National Biodiversity Authority. The article in this issue of IPR Amicus discusses a major challenge under Section 6 of the BDA read with Rule 16 of the Biological Diversity Rules, 2024 in the interpretation of the term ‘access’. The authors raise questions – should approval be required for commercially sourced host cells or standard biological components, and whether an approval is required for the model plant? They also ponder if the host cells, model organisms, or media components are purchased from an Indian vendor who sourced them internationally, whether would constitute ‘access’ of Indian BRs? Observing that extending compliance to ancillary biological materials or globally available biological materials used merely for testing discourages research, ultimately disincentivizing from seeking patent protection in India, they state hat clear procedural guidance and a precise interpretation of ‘access’ will help maintain transparency.
Statute Update
- Code of Conduct to be prescribed for Patents Agents and Trademarks Agents/Attorneys
- Geographical Indications – Prescribed fees for registration, renewal, etc., revised
Ratio decidendi
- Patents – No mandatory requirement of mediation in a suit alleging continuing infringement, as issue contemplates urgent relief even if the suit is delayed – Supreme Court
- Patents – Transfer of infringement suit from one High Court to another, where suit for groundless threat of infringement is pending – Supreme Court
- Patents – Revocation petition whether can be filed or sustained (if already filed) after expiry of patent – Division Bench stays Single Bench decision – Delhi High Court
- Trademarks – No Letters Patent Appeal permissible against HC decision which is in-turn against an Order by the Registrar – Calcutta High Court
- Patents – System claims – Failure to do a ‘claim versus product’ comparison and only comparing the end results is fatal – Delhi High Court
News Nuggets
- Trademarks – Having family name ‘Bukhari’ is prima facie not a justification for using well-known mark ‘Bukhara’
- Copyright in a cinematograph film is infringed only when facsimile copy of the film is made
- Trademarks – Use in allied products before defendant’s use is not enough to restrain defendant
- Cybersquatting – Delhi HC orders transfer of ‘Bima Sugam’ domains to IRDAI-backed entity
- FSSAI’s ban on ‘ORS’ branding in food products upheld
- Patents – Delhi HC refuses to ban Natco Pharma's insecticide sale
- Competition Commission lacks power to examine disputes over patented products