When the Intellectual Property Appellate Board was suddenly abolished in April, lawyers across India were taken by surprise. Espie Angelica A. de Leon finds out just what lawyers are thinking of its abolition in this eulogy to the IPAB.
It is important for countries like India, with diverse biological resources, to have regulations on access and use of biological resources. At the same time, the applicability of these regulations becomes equally important. The “Biological Diversity Act” [henceforth referred to as “Act”] enacted in 2002, has gained a lot of attention in recent years in view of the National Biodiversity Authority’s (NBA) active enforcement of the key provisions of the Act. Currently, all foreign entities engaged in research and commercialisation involving any Indian biological resource, have to sign benefit-sharing agreements even before initiating research. Further, if any intellectual property (IP) rights are sought involving such research, both Indian and foreign entities must enter into benefit sharing agreements in lieu of permission by the NBA. Any such patent will remain pending until such time as the necessary permission from NBA is submitted to the Indian Patent Office. In addition, contravening the provisions attract criminal penalties. All this has led to widespread discussions on possible simplification and clarity in the Act.