Creating harmony and balance among diverse regulatory bodies for efficient use and management of genetic resources in India

Abstract

Keeping in view the rich biodiversity and importance of agriculture in India, a sui generis system for plant variety protection was adopted and the Protection of Plant Varieties and Farmers’ Rights Act, 2001 was enacted. Further to provide for conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the use of biological resources, knowledge, India also enacted The Biological Diversity Act, 2002. The Patents Act, 1970 under section 3(j) excludes from patentability “plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals”. The Geographical Indications of Goods (Registration and Protection), Act, 1999 is an indirect way to extend protection to farmers varieties and traditional knowledge. Some of the issues like the rights under one act does not gets impeded by another act, the overlapping of clearances between various regulatory bodies so as to make the genetic resources more accessible for research, synergies between regulatory bodies and related public/private sectors for achieving various provisions of the PPVandFR Act, 2001 have been discussed in this article.