Article
State Biological Diversity Rules – A puzzle waiting to be solved
by Dr. Vasanth Vaidyanathan and Dr. Malathi Lakshmikumaran
The Article in this issue of IPR Amicus discusses as to how Biological Diversity Rules of different States of India are not in tandem with the Biological Diversity Act 2002 (BDA) which was enacted by India in adherence to its ratification to Rio de Janeiro’s Convention on Biological Diversity. The rules enacted by different States of India under Section 63 of the Act mandate different requirements of intimation by Indian entities to get access of Biological resource for research, even though for accessing biological resources by Indian entities for research, no approval or intimation to the SBB is required. Discussing provisions of various State Rules, the authors are of the view that since the Biodiversity Rules cannot go beyond the ambit of the provisions of the Act, the same are ultra-vires the Act. They point out that even the guidelines issued by the National Biodiversity Authority to SBB for processing applications state that application for biological resources for the purpose of research should not be entertained by SBBs. According to the authors, there is a need for ensuring that the Rules framed by all SBBs are in consonance with the Act...
Statute Update
- Patent (Amendment) Rules 2019 – Expeditious examination and waiver of fees
- Geographical Indications to Goods (Registration and Protection) Rules, 2002 proposed to be amended – Draft Rules notified
Ratio decidendi
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- Copyrights – Defendant paying royalty to plaintiff, accepts rights of latter – Delhi High Court
- Trademark infringement – Presumption of dishonesty of defendant – Calcutta High Court
- Trademark infringement – Legal Proceedings Certificate to be submitted along with plaint – Delhi High Court
- Dishonest adoption of mark – Delay in action cannot defeat injunction – Delhi High Court
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