The Biological Diversity Saga, & My Another Dilemma Hiding In The Labyrinth!

 

Whether you file for the IP or not, the whole context and concept of the biological diversity should be to make sure that before the biological material is used by anyone, the approval should be present beforehand. But this part is missing, and I’ll prove that in the herein below points.

My dilemma herein is, when both the Section 3(2), and, Section 7 are being treated with the same conscious, except in case of who are practicing traditional medicines and the age old traditions by excluding them under the ambit of same and under purview of Section 7,  then why Post or Pre Grant, Or, Pre – Commercialization, Or, Pre And Post Research, Or, its Transfer, Or Its Acceptance, within or beyond borders;  cascading processes are involved and that further layered into different features? Why can’t there be just Two Application process. First let us say, it would involve before the usage of the biological material for the commercial purposes, be it by any person, whether u/s Section 3(2) and Section  and that would include any assignment or agreement also, in the same Application; and secondly, before the usage of biological material for the research purposes; and once that research is transformed into the commercialization or assignment; then the second process would come into effect, if in case needed by the Applicant, with or without the IP.

My dilemma hiding in the labyrinth is, the process has been structurally fragmented into several other parts, which comprises of the same thing. Now, like how in the case of others viz. patents, trademarks, copyrights, designs has defined the places of the  type and kind of the applicants therein only, and the purposes itself; similarly, the same shall be done in the case of two types of entities, i.e., Section 3(2) and Section 7, like the way earlier it was done, and now include whether the work is protected by IP or Not (This is the most important thing). Bifurcating it can evolve more complex structures. And make sure the annexures are being added authenticating the same.

Why it is explicitly needed? What if the IP is NOT sought, including the Research, yet the person keeps using the same, without the approval? Again, this is the grey area, as I’ve been discussing 100 shades of grey in my IP blogs itself, and may be it is the 101^st shade of grey, as without even taking the approval, use it commercially!

Am I missing something? Do let me know! 😊

© Pranav Chaturvedi