1.
Biotechnology and Biological Resources
Biological resources encompass all forms of life including plants, animals,
microorganisms, and the genetic material they contain. These resources form the
foundation of biodiversity.
Biotechnology is the application of biological systems, organisms, or derivatives to
develop or make products for various purposes, such as medicine, agriculture, and
industry.
Examples include genetically modified crops, vaccines, enzymes, and biofuels.
Access to these resources must be sustainable to preserve biodiversity and ecosystem
health.
Indigenous communities often hold traditional knowledge about these resources that
contributes to biotechnological developments.
2. Extension of Patents to Biological Resources
Traditionally, patent laws protected mechanical or chemical inventions.
With advancements in biotechnology, patents have been extended to cover inventions
involving:
Genetically modified organisms (GMOs), such as altered plants and microbes.
Isolated genes and DNA sequences (if new and non-obvious).
Processes for producing or modifying biological materials.
The patent system protects inventions derived from natural resources, not the raw
biological resources themselves.
3. Implications of Biotechnology Patents on Genetic Resources
When genetic resources are patented, companies may gain exclusive control, potentially
restricting access for researchers, farmers, or local communities.
This can lead to monopolization of genetic materials.
Biopiracy refers to the unauthorized use or patenting of biological resources and
traditional knowledge without adequate compensation to source countries or communities.
Many developing countries emphasize sovereign rights over their genetic resources to
prevent exploitation.
Therefore, laws and international agreements aim to regulate access and promote fair
and equitable benefit sharing.
4. Biotechnology Patents and Misappropriation of Traditional Knowledge
Traditional knowledge (TK) includes the wisdom, practices, and innovations of
indigenous and local communities related to biodiversity.
Biotech patents sometimes use TK without acknowledging or compensating the
communities that developed it.
This leads to misappropriation or biopiracy, causing ethical and legal issues.
India’s Traditional Knowledge Digital Library (TKDL) documents traditional medicine
knowledge to prevent wrongful patents abroad.
Under laws like India’s Biological Diversity Act, 2002, patent applicants must disclose if
their invention uses biological resources or TK and share benefits with rightful holders.
5. TRIPS and Convention on Biological Diversity (CBD)
Both are key international agreements with different but overlapping aims regarding
biotechnology and biodiversity.
TRIPS (Trade-Related Aspects of Intellectual Property Rights), administered by the
WTO, sets minimum standards for IP protection, including biotech patents.
It requires patent protection for inventions in all fields of technology, including
biotechnology, to promote innovation.
However, TRIPS does not mandate disclosure of the origin of genetic resources in
patent applications, leading to conflicts with biodiversity goals.
CBD (Convention on Biological Diversity), a UN treaty, focuses on the conservation of
biodiversity, sustainable use of its components, and fair and equitable sharing of benefits
from genetic resources.
It recognizes national sovereignty over genetic resources and requires prior informed
consent (PIC) and access and benefit-sharing (ABS) agreements before genetic
resources can be used.
The CBD calls for disclosure of the origin of genetic resources in patents to prevent
biopiracy.
Conflict and harmonization efforts:
TRIPS promotes broad patent rights, potentially conflicting with CBD’s conservation and
equitable sharing goals.
There are ongoing international discussions to harmonize patent law with biodiversity
Convention on Biological
Aspect TRIPS Agreement
Diversity (CBD)
Protection of intellectual property Conservation and sustainable
Objective
rights globally use of biodiversity
Sovereign rights over genetic
Patent protection including
Scope resources; access and benefit-
biotech inventions
sharing
Emphasizes national control over
Requires patent protection
Conflict/Complementarity biological resources and
(including biotech)
equitable benefit-sharing
TRIPS currently lacks mandatory CBD requires prior informed
Disclosure Requirements disclosure of origin of genetic consent and benefit sharing for
resources in patents (debated) access to genetic resources
Imposes obligations that may
Sets minimum IP standards
Impact on Patents restrict patent grants without
worldwide
compliance
