So, now we will discuss about another important
area although it is not directly related to
IP; but, is also somehow relevant with reference
to the IP.
Mostly relevant this area is you know this
is a very growing area because protection
of biodiversity is somehow we are telling
the protection of biodiversity.
Protection of biodiversity, not say IP biodiversity
or protection of bio-resources; or, another
part consumption of bio-resource and impact
of bio-resources, and its impact.
So, this part definitely you understood that,
this is the concern in present day context.
So, what is bio-diversity and how it has some
relations with the IP?
What are the different issues with reference
to the bio-diversity?
What is CBD and conservation of bio diversity?
Then, if some country is a member of CBD,
that is, what are the different areas CBD
has mentioned and what are the issues still
remains unresolved with reference to that?
Now, if I ask, what do you mean by bio-diversity?
Just like say take the definitions that, it
in terms of the variability within species,
between species and between ecosystems, just
like say consider bio-diversity of Andaman
or say particular island of Andaman.
So, variability within species, between species
and between ecosystems, there is variability
within species, between species and between
ecosystems.
So, that leads to the bio-diversity.
Variability within species, between species
and between ecosystem, lead to the bio-diversity,
so if I ask why bio-diversity is essential,
whether for protection or for sustaining of
the ecosystems or sustaining of those species
or sustainability of a particular species
or sustainability of ecosystem?
I think the answer lies within that.
So variability is required or variability
is not required; definitely required for the
sustaining of the species, sustaining of the
ecosystem .
So, now, we require definitely the species
including that say plant based resources,
animal based resources.
So, now, all those things is creating a particular
ecosystem; just like say you consider food
chain in a particular ecosystem.
So, if you some way refers within that chain,
some thing is disturbed; that leads to the
disturbance of the ecosystem; and, that will
affect the bio-diversity of that region just
like say of that region.
So, if biodiversity is affected in larger
consequences, it will affect the total ecosystems
of that region maybe . So, we have told that
conservation and sustainable use of bio-diversity.
So, within the purview of CBD, we required
that, just like I told you, consumption of
bio-resources within that let us say this
is also a species within the purview of bio-diversity
may lead to some impact; may keep some may
impact some way the ecosystem and subsequently.
And so, protection of bio-resources is required
in reference to protect the bio diversity.
So, that way we require conservation and sustainable
use of bio-resource.
What do you mean by sustainable use?
Definitely within that bio-diversity, we have
let us say considered a particular bio-diversity
having different species.
So, now, the species is beneficial with reference
to something; just like say again I am making
with reference to the plant variety.
Let us say the plant variety is an important
component of that a particular variety, particular
bio-diversity.
So, now, you are somehow using that plant
variety for sustainable development of the
country.
Sustainable means somehow just like a to make
a balance with reference to particular things;
just like say some type of sustainable development
of a country; just like say sustainable development
of with reference to the environment; just
like how can you make a balance between the
growth of industry and its impact on environment.
Similarly, sustainable use; that way you use
such a way that use will ultimately not hamper
the bio diversity.
But, use is required for maybe greater goal
let us say food security.
So, considering that CBD perspective; so,
that convention because let us say a multinational
is somehow producing a just like destroying
a bio-diversity by for generation of better
greater or large number of bio resources.
So, then what will happen?
That bio-resources will be they will exploit
the bio-resources and that will lead to the
depletion of the bio-resources; that lead
to the disturbance of the ecosystem; that
lead to that ultimately will impact the bio-diversity.
That bio diversity impact will ultimately
lead to the impact of environment and other
parts.
Ultimately, the humans or will human beings
will be also impacted because of the impact
of bio-diversity.
So, this conservation and sustainable use
of biodiversity is essential.
So, we require conserving the bio-diversity
and also if we use, using it in the sustainable
use bio diversity.
So, now, when you are telling the use, somehow
the issues are coming up on components.
Let us say particular bio-diversity belongs
to a particular community.
Why I am telling the particular community?
That bio-resource they are nurturing over
the year.
So, that bio-resource is their traditional
resources just like say given example let
us say particular community in a tribal community
in a let us say Western Orissa, they are having
the knowledge of a particular species and
its attributes of that species.
And, that species is an element of a bio-diversity
of that area.
Now, that species they know the species can
be used; they may know or they do not; ignorant
about that, but particular MNC they know that
species can be used for generating some medicines
or some chemical.
So, then they will ultimately try to exploit
that species or use that species, not in sustainable
way; and, that will lead to the destruction
of bio-diversities.
But, if you want to use even sustainable way;
then also, they may have to extract the knowledge
about that species from that community.
So, there lies the role of benefit sharing
with reference to the bio-diversities.
So, what is that?
Just like say whether the MNCs or other entity
when they will get the knowledge about that
bio-resources from that community; whether
they will get what type of return they will
provide to that communities.
So, that is called benefit means let us say
they will use that resources for greater goal
and greater benefit, and that benefit how
they will shared with that community?
Is there any mechanism for benefit sharing?
That is the area of research what will be
the appropriate benefit sharing mechanism
with reference to the sustainable use of bio-diversities.
So, these are the area of where let us say
you understood that require further research.
Then, preservation and respect of knowledge
of traditional people that I told you; that
within respect of within bio diversity, a
particular community have been also inhabiting
over the years and community is nurturing
with those bio-diversity.
And, within that bio-diversity, the bio-resources
and other resources are also there.
So, now how they have so, that way we consider
they have traditional knowledge with reference
to those things.
So, now, how that so that traditional knowledge
will be preserved and respected.
So, that is also the area within the purview
of this topic bio-diversity.
So, subsequent area; I will refer this thing
again in respect of IP commercialization.
So, this area is also important.
Let us say traditional people they have some
knowledge; that knowledge you may consider
in the purview of technology means they know
how to extract particular chemical from a
particular trees or they know how to extract
particular chemical from an insect.
So, definitely, there lies the attributes
of technology.
So, then, how that knowledge or technology
will be transferred from that community to
the MNCs?
So, these are another area of within the purview
of that.
So, now, what we are getting that, bio-diversity
is an important area, now, whether the IP
will impact the bio-diversity or not?
Just like say I consider one part the plant
variety; whether plant variety protections
have any impact on bio-diversity?
Question lies mean plant variety 
and bio-diversity.
Similarly, let us say patent and bio-diversity.
So, just like say whether IP means IP has
an impact on bio-diversity?
So, there we are thinking about these let
us say these two forms: patent and plant varieties.
So, considering that way, that IP is just
like if I put a hypothesis, IP is some way
disturbing bio-diversities; you may let us
say multinational is exploiting some forms
of bio-resources for their greater goal.
Then, definitely that has an impact on bio-diversities.
So, that way that bio-diversity definitely
will be impacted by means of let us say patent.
So, that way that bio-diversity and IP how
can you make a balance between that?
There lies these are different things; sustainable
use of bio-diversities and this benefit sharing,
and the respect of knowledge of traditional
people .
So, misappropriation of indigenous and local
community knowledge in the form of bio-resources
or its attributes; then ultimately the community
will not get appropriate return.
So, there are series of incidents are there.
I will just cite one by one; where, that community
or the say traditional knowledge may be in
a particular bio-diversity, has an impact;
and, how that has been attempt has been made
to misappropriate that or misappropriate.
You may consider the bio-diversities specifically.
Just like say you know the incident of basmati.
A company called RiceTec in USA; they tried
to file a patent on high yielding varieties
of rice or miming at Rasmati kinds of thing,
not basmati specifically.
So, then just plant, because high yielding
varieties of plant patent high yielding varieties
of plant.
So, now, basmati is you know that, is also
a part of our bio-diversity.
You may consider in a particular region, it
grows; it is our age old practice of cultivating
and growing basmati.
So, now, if a particular multinational get
patents out of protected user patent, then
our say bio-resource will be the property
of a multinational company.
So, considering that, say ultimately, that
Indian community with taking the leads from
an NGO they somehow tried to protect that
from the tried to protect it from the hands
of multinational.
They somehow filed for re-examination and
partly they have restricted the rights of
over the basmati from a multinational company.
So, some of the claims have been omitted from
that patent specifications of that multinational
company called RiceTecs.
So, see that, there is an attempt where those
particular varieties of plant that have been
growing in an area in India; that way someway
an attempt has been made to misappropriate
that plant.
Then similarly, a Neem, Haldi, all are the
things that are also a part of; we may consider
bio-diversity or bio-resources in India.
Attempt has been made to take patent protection
of some of the attributes of those things.
Just like say a patent was granted by the
European patent office to the agricultural
corporation over a process of extraction of
extracting oil from neem tree, which has been
used for generation by communities in India;
see understood.
So, neem oil you know that is a part of bio-resource
or bio-based product in a traditional community
in India.
People have been using the neem oil for defined
purposes just like say pain relief or other
purposes.
So, neem and its extraction of oil attempt
have been made to get it patented.
So, bio-resource based patent that definitely
will impact the use of that bio-resources.
And, that impact will ultimately lead that,
ultimately will not lead to the non-sustainable
use I will put non-sustainable use of bio-diversity
or bio-resources, so that way.
Then similarly, haldi just like you know that
wound healing properties of haldi; that have
been an attempt have been made to get patents
to create some medicines out of haldi in European
patent office.
So, if that haldi is get patented, then ultimately
our traditional community, who has knowledge
of that bio-resource and its potential use
with reference to the medicine with reference
to medical treatment; then, they will not
get what you are telling this part benefit
sharing.
So, MNC will get benefit out of that.
So, somehow that is the Indian communities
with the help of some NGO, able to revoke
the patents on haldi.
Similarly, that Ayahuasca the patent was granted
by the US PTO to a US citizen over a variety
of the Ayahuasca vine, which has been used
for generation by indigenous people in Amazon
for ceremonial and healing purposes.
This is for USA, not say; these are the Indian
communities that they are also see that; not
only that is Indian community is hampered,
the community nearest community of Amazon
is also getting hampered, because of the use
of bio-resources from a particular bio-diversity
by means of patents on the hands of MNCs.
So, that way the bio-diversity, bio-resource;
see understood bio-resource can bio resource
and its non-sustainable use, because why I
am telling non-sustainable use?
The MNC is trying to get patent; definitely,
they will use it, not in a sustainable way;
then, they will not give benefit sharing;
they will () no benefit sharing formula with
reference to that.
So, that will lead to the impact; both biodiversity
will be impact and also will impact so, traditional
knowledge or knowledge of the traditional
communities.
So, if I now say that what is the impact,
what is the importance of this area; I will
say the importance of this area is what is
why bio-diversity is important; but, and its
interrelationship with reference to the IPR.
So, whether IPR is somehow hampering the biodiversity
or not; now, what are the different other
means?
Just like say we have to use for sustainable
use of bio-diversities.
How can you create a mechanism for benefit
sharing of the community, who is also that,
their livelihood also dependent; somehow this
is important?
Livelihood is also dependent on those bio-diversities.
So, that way that, IPR say somebody say IPR.
This hypothesis I told IPR is impacting the
biodiversity and impacting the livelihood
of the traditional community; then, what are
the measures you will take to protect the
interest of that community and with reference
to the bio-diversities . So, that there lies
the role of benefit sharing and conservation
and sustainable use of bio-diversities specifically.
So, now, how can I summarize this portion?
Biodiversity what is biodiversity you have
understood?
This is a technical totally technical.
How it is related to IP?
Take the series of cases.
What are the areas of concern with reference
to bio-diversity, technology transfer, benefit
sharing, conservation and sustainable use
of biodiversity?
How can you create a appropriate model for
sustainable use of bio-diversities; research
sometime you may create a model for sustainable
use of bio-diversities just like say a library
is for bio-resources in a particular area.
Now, create a mechanism that, how bio-resource
library of let us say library of bio-resource.
So, now, that library; or, will the people
MNC may, let us say MNC may access that bio-resources
library of the bio-resources.
And, they will ultimately use that.
And, the library here you are correcting create
a society.
Society will ultimately monitor the use that,
whether use is sustainable ways or not that,
monitor the Then, this society will get some
benefit from this MNCs for the use of resources;
and, this benefit will go to all the members.
So, you may create this type of mechanism.
And, that way this bio-resource also will
be used for greater goal means bio-resource
based product also people will get.
Now, you know that, present day understood
the Patanjali used and so, that part how the
Patanjali and bio-diversity; similarly, ayurveda
and bio-diversities.
So, that is the area of research now ayurveda
and bio-diversities.
So, how so, that way you may create say commercialization
framework of bio-diversities, bio-resources.
How can you create a commercialization framework
for bio-resources or commercialization framework
that caretaking that; that will take the conservation
sustainable use of biodiversity is an important?
And, how will you create a benefit sharing
mechanism out of that.
So, this topic is really for research purposes.
And, I will suggest you read series of research
paper available on different internet resources
including Elsevier’s.
And, see how you can create a mechanism for
benefit sharing and mechanism for sustainable
use of bio-diversities.
Read CBD convention of biodiversities all
those articles that is coming in the purview
of this module specifically although, I have
not gone in detail about that.
So, let us close it here.
