Access and benefit sharing on utilization of biological resources and intellectual property: Indian perspective
Student name: Ms Smriti Roy
Guide: Mr M V Shiju
Year of completion: 2013
Host Organisation: Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, West Bengal
Supervisor (Host Organisation): Dr K D Raju and Dr M. Padmavati
Abstract: The adoption of the International framework of Access and Benefit Sharing
(ABS) by the parties to the Convention on Biological Diversity (CBD)represents
a significant achievement in establishing the norms related to ABS. This is
particularly relevant in the context of Intellectual Property in relation to
biological resources. To fulfill its obligation under the CBD, India enacted the
Biological Diversity Act, 2002, which represent the bedrock of ABS in India.
This research paper analyzes relevant Indian legislation for ABS principles.
Further, a questionnaire based analysis has been done to assess the
implementation of ABS in relation to IP agreements in relation to bioresources.
The analysis indicates that there are many challenges in the implementation of
ABS in India.
Keywords: Access and Benefit Sharing, Intellectual Property, Traditional
Knowledge, Biological Diversity Act, Protection of plant Varieties.
