HC rejects Ramdev’s plea against sharing profits with farmers, tribals
The Uttarakhand high court has rejected Swami Ramdev’s Divya Pharmacy’s petition against the Uttarakhand State Biodiversity Board demanding that the company share Rs 20.4 million out of Rs 4.21 billion revenue (2014-15) it generates with farmers and tribals who conserve the bioresources his company exploits commercially. The court had kept its judgement secure on September 7 and pronounced it on December 21 though the copy of the order was issued on Thursday.
The company had claimed that ‘Swadeshi’ companies should not share with farmers, the profits and benefits they earn from selling bioresources as herbal and Ayurvedic products. The single bench of justice Sudhanshu Dhulia held that under the Biodiversity Act, 2002 Indian companies are also liable to share their revenues like foreign entities when commercially exploiting natural resources that communities conserve.
In its petition, the company had contended that the Biodiversity Act did not apply to Indian companies. This and other averments of the company were rejected by the court. It stated, “Local and the indigenous communities in Uttarakhand, who reside in the high Himalayas and are mainly tribals, are the traditional ‘pickers’ of this biological resource. Through ages, this knowledge is preserved and passed on to the next generation. The knowledge as to when, and in which season to find the herb, its character, the distinct qualities, the smell, the colour, are all part of this traditional knowledge. This knowledge, may not strictly qualify as an intellectual property right of these communities, but nevertheless is a ‘property right’.”
Uttarakhand HC directs Ramdev’s company to share profit with locals
In a first-of-its-kind order, the Uttarakhand High Court has directed a company run by Yoga guru Ramdev to share a percentage of its profits with local farmers and communities. The High Court gave the order while rejecting a petition of Divya Pharmacy against the Uttarakhand Biodiversity Board (UBB) and upholding the provisions of fair and equitable benefit sharing as provided under the Biological Diversity Act, 2002. The bench of Justice Sudhanshu Dhulia held that it was a fact that biological resources constitute the main ingredient and raw materials in the manufacture of ayurvedic and nutraceutical products. It ordered the pharmacy to share Rs 2 crore out of its Rs 421-crore profit with the farmers of the raw product. Previously the UBB had directed the pharmacy to share the amount with the farmers and local communities out of its profit as per the Biological Diversity Act. The pharmacy had claimed that the UBB neither had the powers nor jurisdiction to pass such an order and it was not liable to pay or make any kind of contribution. The court held that India was a party to the United Nations Convention on Biological Diversity and the country was under an obligation to give effect to the provisions of the treaty.
Saturday, 29 December 2018 | PNS | Nainital—
Delhi HC grants interim injunction in case lodged by FMC Corp
FMC Corporation, an agricultural sciences company, had filed a patent infringement case against two local pesticides formulators. The case was filed for infringement of patent rights in India covering FMC’s molecule Chlorantraniliprole (brand name “Rynaxypyr”). Earlier this week, the Delhi High Court granted FMC an interim injunction against the companies and their principals. The interim injunction restrains these companies and their principals from manufacturing and/or selling any product which contains Chlorantraniliprole or is violative of FMC’s patent rights.
Company officials said that FMC has reason to believe that these companies are procuring the technical product from illegal sources for their infringing and illegal formulations, which could significantly harm the farming community. Read more posts…
Saturday, 29 December 2018 | PNS | Dehradun–