1. IPR on Marine Biogenetic Resources Bioprospecting to Biodiscovery & Question of Ownership Dr. Sabuj Kumar Chaudhuri Assistant Professor Department of LIS University of Calcutta Email-sabooj_c@yahoo.co.in Lecture delivered in Refresher Course in Environmental Sc. in UGC-ASC, University of Calcutta18-03-2014

2. 1. Property, Types, IP , IPR & its categorization 2. Landmark patents: Microorganism, Plant and animal 3. Indias International Obligations 4. Few Definitions, Criteria for Patent & PBR, Few Amendments 5. Limits of Marine Zonation 6. Deep Sea & Various Deep Seabed Ecosystems & MGR 7. Hydrothermal Vents & Species Diversity (Video) 8. Bioprospecting, Bioprospecting of MGR 9. Biodiscovery from MGR & Patents & Indian Initiatives 10. Legal Instruments 11. Question of Ownership & Few Facts 12. Current Status ,Few Bioprospectors & Huge Investments 13. Debate on ownership continues & Fill in the Blanks 14. Concluding Remarks Lecture delivered in Refresher Course in Environmental Sc. in UGC-ASC, University of Calcutta18-03-2014 3. What is property? What is Intellectual property (IP)? What is Intellectual Property Rights(IPR)? Lecture delivered in Refresher Course in Environmental Sc. in UGC-ASC, University of Calcutta18-03-2014 4. The term is extraordinarily difficult to answer. Ordinary person defines property as thing but attorney defines it as right. It has two understandings : Legal Understandings: Property is the inclusion of rights of exclusive use and alienability Economic Understandings: Property includes all rights of individuals to valuable resources. Lecture delivered in Refresher Course in Environmental Sc. in UGC-ASC, University of Calcutta18-03-2014 5. The tangible property includes physical objects such as land, household goods, car etc. The intangible property includes a list of products of human intellect such as patents, copyright, trademarks and industrial designs etc. Lecture delivered in Refresher Course in Environmental Sc. in UGC-ASC, University of Calcutta18-03-2014 6. Intellectual property (IP) deals with the creations of the human intellect and protects the creations of the human mind, the human intellect. This is why this kind of property is called intellectual property. Intellectual property is a cluster of legally recognized rights associated with innovation and creativity the works of the mind, as against physical products, land and other tangible resources. Even though it is intangible, intellectual property (IP) is often recognized as personal property, to be sold and traded like other forms of property.Lecture delivered in Refresher Course in Environmental Sc. in UGC-ASC, University of Calcutta18-03-2014 7. Intellectual property rights (IPR) are the rights awarded by society to individuals or organizations principally over Intellectual Property i.e., creative works: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. They give the creator the right to prevent others from making unauthorized use of their property for a limited period.Lecture delivered in Refresher Course in Environmental Sc. in UGC-ASC, University of Calcutta18-03-2014 8. IPR Industrial Property Patent Industrial Design Trademark Trade Secret Geographical Indications (GI) Utility Models Artistic & Literary Property Copyright Sui generis System (Latin Word means of its own kind) Database Integrated Circuit Plant Breeders Right (PBR)Lecture delivered in Refresher Course in Environmental Sc. in UGC-ASC, University of Calcutta18-03-2014 9. 3 Landmark Patents Microorganisms First product patent (US Patent No.-141072 dated July 22, 1873) on living matter was granted to L. Pasteur by the USPTO for his invention of anomalous yeast culture. However some people believe that US patent granted to Anand Chakrobarty for his invention of Oil eating bacteria in 1980 was the first patent on microorganisms.Lecture delivered in Refresher Course in Environmental Sc. in UGC-ASC, University of Calcutta18-03-2014 10. Plants In 1930, the United States began granting patents for plants and in 1931, the first plant patent was issued to Henry Bosenberg for his climbing, ever-blooming rose by the USPTO (Patent No.- PP00001 dated 18th August, 1931). Under patent law, the inventor of a plant is the person who first appreciates the distinctive qualities of a plant and reproduces it asexually.Lecture delivered in Refresher Course in Environmental Sc. in UGC-ASC, University of Calcutta18-03-2014 11. Animals Researchers at Harvard Medical School in the early 1980s produced a genetically modified mouse (oncomouse) that was highly susceptible to cancer, by introducing an oncogene that can trigger the growth of tumors. Harvard College sought patent protection in the United States and several other countries. The USPTO in 12th April, 1988 granted a patent no. 4,736,866 to Harvard College claiming "a transgenic non- human mammal whose germ cells and somatic cells contain a recombinant activated oncogene sequence introduced into said mammal. Lecture delivered in Refresher Course in Environmental Sc. in UGC-ASC, University of Calcutta18-03-2014 12. Indias International Obligations India is a member of WTO (World Trade Organization) and many international agreements and conventions. Thus India is bound to comply with all these agreements and conventions through a series of acts and ratifications to discharge of her international obligations in the field of intellectual property rights regarding the commercial uses of the biological resources. The key set of acts for the IP protection of biodiversity and biotechnology inventions and ratifications to many international agreements are: Lecture delivered in Refresher Course in Environmental Sc. in UGC-ASC, University of Calcutta18-03-2014 13. Contd International Agreements/Convention Indias Compliance India is WTO signatory & ratified TRIPS agreement & Budapest Treaty Indian Patent Act (IPA), 1970 and its amendments in 1999, 2002 and 2005 India joined Conventions of Biological Diversity (CBD) Biodiversity Act, 2002 India followed UPOV (International Union for the Protection of New Varieties of Plants) of 1991 The Protection of Plant Varieties and Farmers' Rights (PPV & FR) Act, 2001 India ratified International Treaty On Plant Genetic Resources For Food And Agriculture (PGRFA Treaty) on 10th June 2002 Seed Act, 2004 TRIPS agreement Geographical Indications of Goods (Registration and Protection) Rules, 2002 India ratified both Paris Convention and Patent Cooperation Treaty (PCT) in 1998 India changes its patenting procedures & rules Lecture delivered in Refresher Course in Environmental Sc. in UGC-ASC, University of Calcutta18-03-2014 14. Few Definitions The Biodiversity Act, 2002 of India-- Biological Diversity means the variability among living organisms from all sources and the ecological complexes of which they are part and includes diversity within species or between species and of ecosystems. Biological Resources means plants, animals and microorganisms or parts thereof, their genetic material and by- products with actual or potential use or value does not include human genetic material [Chapter I Clause 2(b) and 2(c)]. Lecture delivered in Refresher Course in Environmental Sc. in UGC-ASC, University of Calcutta18-03-2014 15. Criteria for obtaining Patent & PBR Criteria for obtaining patent Novelty (new characteristics which are not prior art), Non-obviousness (an inventive step not obvious to one skilled in the field), and Utility (as used in the US) or industrial applicability (as used in the UK) or susceptible for industrial application (as used in the Europe) . *Deposition of a microorganism at a recognized international depositary authority (The Budapest Treaty ) if the patent is related to microorganisms. Criteria for obtaining PBR New in the sense that they must not have been commercialized prior to certain dates established by reference to the date of application for protection, Distinct from the existing, commonly known varieties, Uniform or sufficiently homogenous and Stable (i.e. subsequent plantings of the variety must demonstrate the same characteristics as the parent crop). Lecture delivered in Refresher Course in Environmental Sc. in UGC-ASC, University of Calcutta18-03-2014 16. Few Amendments Process for curative, prophylactic, diagnostic, therapeutic or other treatment of plants (to render them free from diseases and pests). Process / method of preparing Genetically Modified Organisms The living entity of artificial origin such as micro-organism, vaccines are considered patentable. The biological material such as recombinant DNA, Plasmids and processes of manufacturing thereof are patentable provided they are produced by substantive human intervention. The processes relating to micro-organisms or producing chemical substances using such micro-organisms are patentable. It may however be noted that it is not possible to get a plant patent in India. New plant varieties can be protected through registration under the Protection of Plant Varieties and Farmers Rights Act of 2001. The most important thing to observe is that patents are possible for many aspects of a plant and its utilization except the plant itself. Lecture delivered in Refresher Course in Environmental Sc. in UGC-ASC, University of Calcutta18-03-2014 17. Limits of Maritime Zonation Lecture delivered in Refresher Course in Environmental Sc. in UGC-ASC, University of Calcutta18-03-2014 18. Deep Sea 1. 60% of our planet is covered by water over 1,600m deep, and nearly half the world's marine waters are over 3,000m deep. 2. The deep sea starts where the sunlight starts to fade, around 200m below the surface of the ocean. 3. A twilight zone extends down to 1,000m, after which almost no light penetrates. The water is cold, reaching 1-2C, and contains very little oxygen. 4. And the weight of the water above creates enormous pressures, up to 1,000 times that at the surface. 5. With no sunlight, almost plants cannot grow in the deep sea. And while animals and bacteria have been found wherever people have looked, we know very little about these dark, cold depths. 6. More people have travelled into space than have ventured into the deep. Lecture delivered in Refresher Course in Environmental Sc. in UGC-ASC, University of Calcutta18-03-2014 19. The high seas are comprised of all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State. COMPARATIVE SIZES OF THE VARIOUS MARITIME ZONES Areas of the Earth covered by the Oceans approx. 335.0 million km2 High Seas 200.4 million km2 Territorial Seas 22.4 million km2 Contiguous Zones 6.6 million km2 Exclusive Economic Zones 101.9 million km2 Lecture delivered in Refresher Course in Environmental Sc. in UGC-ASC, University of Calcutta18-03-2014 20. There is no legal definition of deep seabed. Following are the main deep seabed ecosystems: Hydrothermal Vents Cold seeps and other similar deep sea ecosystems Seamounts Almost no plants Animals -Zooplankton (Passive Swimmer) -Nekton (Active Swimmer) -Benthos (Bottom Dweller) Bacteria -Extremophiles (grow above 400 degree Celsius) -Barophiles (grow above >40 MPa) -Barotolerant (grow below