Is there any overlap between the Biodiversity Bill and Patents (second Amendment) Act 2002?
There is no overlap between these two legislations. The scope and objectives of the two legislations are different. The Patents (second Amendment) Act has been enacted to meet the obligations arising out of the TRIPs agreement in the area of intellectual property. From the biodiversity point of view, the Patents (Second Amendment) Act excludes plants and animals from the purview of the Act, for the purpose of patenting. In addition, it provides that the patent applicant should disclose the source and geographical origin of the biological material when used in an invention. Further, non-disclosure or wrongful disclosure of source of biological material and any associated knowledge will result in opposition to the grant of patent or revocation of the patent.
