BIOTECHNOLOGY AND

PROTECTION OF IP

SUBMITTED TO SUBMITTED BY
Vaishnavi Chaudhry
Dr. Geetika Walia
Roll No. 18193
Asst. Prof. of law
Group No. 32
 INTRODUCTION
Intellectual Property is the term used to describe the branch of law which
protects the application of thoughts, ideas and information which are of
commercial value. It thus covers the law relating to patents, copyrights,
trademarks, trade secrets and other similar rights

■ The development of the genetic resources of biodiversity is known as

biotechnology.

■ Indian legislations on biotechnology- Patents Act, 1970 & Biological

Diversity Act, 2002.
 TYPES OF BIOTECHNOLOGY
■ Agri Biotechnology

■ Medical Biotechnology

Example-
In India, the pharma industry is one of the first to reap the benefits of
biotechnology. Human health biotechnology products account for about 60% of the
domestic market, while biodrugs, vaccines and diagnostics have significant market
shares as well.
Consequently, Indian pharma is beginning to harvest the benefits from enhanced
IP protection of their products.
 PATENTS ACT, 1970
■ One of the significant sections of the Patents Act, 1970, which plays an
important role in the patenting of the inventions in the field of biotechnology
(more in the pharmaceutical sector) is Section 3(d) of the Patents Act, 1970.

■ The said sections excludes the below from being invention under the Act, the
mere discovery of new form of known substances which does not result in
enhancement of the known efficacy of that substance or the mere discovery of
any new property.

■ Section 3(i) of the Indian patent Act excludes medical treatment methods from
being an .invention.
CASE LAWS

 Bayer Corporation & Anr. V. Union of India

 Glochem Industries Ltd. V. Cadila Healthcare Ltd.

 NuziVeedu Seeds Ltd v. Monsanto Technology