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Indian Institute of Technology, Kharagpur

Biodiversity Protection , Farmers and Breeders Rights

Indian Institute of Technology, Kharagpur and NPTEL via Swayam

Overview

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ABOUT THE COURSE: Protecting biological diversity has traditionally been associated with the lives and cultures of communities living in any specified region. More than half of the world’s medicines are derived from plants and as such humans have used biodiversity for many purposes. There has been tremendous overexploitation of genetic resources by industries etc., leading to their reduction and associated effects on the environment and the human life. Following the formation of WTO as well as introduction of TRIPS, biodiversity representing ‘knowledge’ has received a new definition under intellectual property. Initial discussions at the Earth summit at Rio culminating in the Convention on Biodiversity has led to the realization of greater protection of genetic resources and the need for access as well as benefit sharing. Biodiversity Governance is directly connected to the sustenance of all major industry sectors, livelihood of rural population and the survival of mankind. The international, regional and domestic laws in this area have undergone significant transition in the last two decades. As a well-crafted topic equally balanced between its theoretical and practical realms, this course intends not only to create an awareness and knowledgebase about the regime of biodiversity protection, but also to enlighten the learner about the scope and ambit in pursuing one’s career options in the same spectrum. This course aims at touching base on the essential areas of compliance with domestic and global Biodiversity Governance Regulations, regulatory and approval mechanisms operating in this area, and the procedure and practice nuances which can help in crafting a career in compliance practice.INTENDED AUDIENCE: Undergraduate and postgraduate students of Biotechnology, Life science subjects & law, Legal practitioners at various courts of law, corporate legal professionals, Legal professionals working in various governmental/ regulatory services, IPR enthusiasts who want expand their horizons of knowledge. PREREQUISITES: Preferably Graduate/Post Graduate Student of Biotechnology, Life science, Public Policy and Law. PhD Students also can take this who research on environmental and biodiversity mattersINDUSTRY SUPPORT: All Bio-based Industry Sectors – Agriculture / Biotechnology/ Pharma / Fertilizers & Pesticides / Cosmetics & Fragrances/ Foods& Beverages and AYUSH Industry.

Syllabus

Week 1: Concept and Scope of biodiversity protection1. Concept and Scope of biodiversity protection2. Types of biodiversity, mega-biodiverse centers,3. Type of bio-resources, conservation mechanisms4. International resources/centers of conservation5. Traditional Resource rights, ecosystem measuresWeek 2: Protection of Biological diversity: International mandate1. Overview of International framework2. Convention on Biodiversity - Objectives and Articles3. International Regime on ABS4. Biodiversity and Climate Change5. Biobanks – Governance issuesWeek 3: Protection of Biological Diversity -Indian position1. The Biological Diversity Act, 20022. Regulatory authorities in India – NBA & SBB3. Biodiversity Management Committees4. People Biodiversity Registers5. ABS Regulation and Benefit Sharing Procedures in IndiaWeek 4: CBD, TRIPS and other treaties relevant to biodiversity protection – Interrelationship and Developments1. Trade regime and Biodiversity2. Comparison of Biodiversity Laws of countries3. TRIPS-CBD relation4. CBD and relation to other international treaties related to environment and organization of related bodies5. Interrelationship and new DevelopmentsWeek 5: Biodiversity and Intellectual Property Rights1. Biodiversity and Interface with IPR2. Challenges related to Bio piracy - Case Studies3. Patenting Biodiversity – Recent trends and Developments4. Disclosure Requirements in Patent – Comparative Perspective5. Regulatory Law – Comparative PerspectiveWeek 6: Plant Breeding and breeders’ right v the farmers’ right1. Concept, Definitions and Criteria for Plant Variety Protection.2. Protection of Plant Varieties and Farmers’ Right 2001 - Major provisions of the Act3. Plant Variety protection in US, EU, Japan, China etc.,4. International Union for protection of new plant varieties (UPOV)5. Farmers’ Rights – other country modelsWeek 7: Biodiversity Governance and Compliance Procedures – Comparative Perspective1. Principles of Biodiversity Governance2. Compliance Procedures and Linkage with IPR3. Compliance Procedures under International Framework4. Compliance Procedures in India5. Compliance Procedures in EUWeek 8: Biodiversity and Human Wellbeing1. Biodiversity and Interrelationship with Life2. Sustainable Development Agenda3. Biodiversity, ecosystem functioning, ecosystem services4. Biodiversity and Human Happiness5. Nature Protects if She is Protected

Taught by

Prof. Padmavati Manchikanti, Prof. Narendran Thiruthy

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