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CS Professional · Intellectual Property Rights - Law and Practice · Biological Diversity

The National Biodiversity Authority (NBA) learns that a foreign university has applied for a patent in another country on a medicinal plant extract derived from a plant that is found in India, using traditional knowledge accessed from Indian communities. Under the Biological Diversity Act, 2002 as it now stands, what may the NBA do?

The NBA may, on behalf of the Central Government, take necessary measures to oppose the grant of intellectual property rights in any country outside India on a biological resource from India or its associated traditional knowledge. It cannot itself cancel the foreign patent.

  1. ATake measures on behalf of the Central Government to oppose the grant of intellectual property rights abroad on such a biological resource or associated traditional knowledgeCorrect
  2. BOnly advise the State Biodiversity Board, as it has no power to act outside India
  3. CCancel the foreign patent directly through an order issued under the Act
  4. DAct only if the plant has first been notified as a biodiversity heritage site

Explanation

Section 18(4) lets the NBA, on behalf of the Central Government, take any measures necessary to oppose the grant of IPR in any country outside India on a biological resource found in or brought from India, or associated traditional knowledge. It does not cancel foreign patents itself, and no heritage-site notification is needed.

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