| 1. |
Microorganisms and Recognised Repositories |
|
Organisms should be deposited in National Repositories as per Budapest Treaty Guidelines and NBA can interact with them. Depository organization should be identified by NBA.
|
|
|
| 2. |
DNA and other plant constituents and Patent Act |
|
DNA is part of the plant or animal. Microorganisms and it process is patentable on satisfaction of pre requirement. Microbial DNA is also patentable on these conditions. However microbial DNA when introduced in to plants or animals the protection ceases to exist according Indian Patent Act. Animal or Plant DNA even with modification are not patentable according to Section 3j of Indian Patent Act. However, the Patent Examiners stated that the manual states contrary to the patent of animal or Plant DNA.
|
|
|
| 3. |
Commercial utilization and Conventional Breeding. |
|
Regulation to govern conventional breeding companies in India. Disclosure of list of germ plasm holdings by the private companies.
|
|
|
| 4. |
Seed as a commodity |
|
Eximpolicy on seed export to be regulated. |
|
|
| 5. |
Traditional Knowledge Registries and Database |
|
PBR will address the plant animal and other details will be helpful for Patent office. There is high priority to bring out a National Legislation on Sui generis system for protection of TK.
|
|
|
| 6. |
IPR granting on Biodiversity and permission by NBA (Amendment of BD Act) |
|
The controller of patent should be given ask for permission letter from NBA on biodiversity related application.
|
|
|
| 7. |
Linkages between BD Act and Patent Act |
|
Before applying patent in abroad on the biological material both NBA and Patent office has to give approval.
|
|
|
| 8. |
BD Act, 2002 and Linkage with PPVFR Act 2001 |
|
Benefit sharing when the variety is taken out of India for commercialization including registration outside.
|
|
|
| 9. |
Sealing of Patent and Biodiversity Act, 2002 Amendment according to the recent Amendment |
|
Before granting of Patent the permission has to be obtained from NBA for getting Patent and accordingly an amendment is to be made in the BD act Section 6. |
|
|
| 10. |
Contesting International IPR |
|
NBA should have a monitoring system to checkout patents established internationally based on Indian biodiversity and TK and a legal cell to pursue action on unauthorized IP.
|
|
|
| 11. |
IPR related awareness |
|
NGOs, Lawers, Universities, Research Organisation can take up awareness programmes throughout India through NBA.
|
|
|
| 12. |
Geographical Indication and Biodiversity Act 2002 |
|
Encouraging more research work on creation of strong GI as method of prior art and preserving cultural heritage and economic benefits to communities.
|
|
|
| 13. |
Harmonization of section 3, 4, 5, 6 of BDA with National R &D System. |
|
Viable mechanism of harmonization of the various stipulations in BDA, 2002 (Sec 3, 4, 5 & 6) with public sector R & D.
|
|
|
|
DR K Venkataraman, NBA, Chennai. |
|
|
