Interview of Adv Dr N D Choudhari regarding plantation technique i Times Of  India

COMMERCIALIZATION OF INTELLECTUAL PROPERTY IS NEEDED

FOR FAST ECONOMIC GROWTH

Adv.  Dr. N. D. Choudhari

Legal Consultant

Maharashtra State Biodiversity Board.

nchoudhari@gmail.com

Government of India recently started campaign “Make In India” and “Creative India; Innovative India”, “Digital india”, “skill India”, “Start up India”, “Smart cities” and other new initiatives in the near future for fast economic development on par with developed countries. We require next generation of high and advanced technologies for industrial development .Developed countries  are reluctant to part with their advanced technologies due to fear of infringement on their intellectual property rights. The patent act 1970  and patent rules 2016 ,the Design Act 2000along with Design Rules 2001, The Trade Marks Act 1999 along with The trade Mark Rules 2002, The Geographical Indications Of Goods Act 1999 along with geographical Indications  of Goods Rules 2002, the copyright act 1957 as amended in 1999, the IPR Appellate Board Rules 2010, the Patent (Appeals and applications to IPR Appellate Boars)rules 2011, Biological Diversity Act 2002 provide safeguard to patent owners against infringement as per Marrakesh International Treaty 2013 , Madrid  protocol. The patents acts are revised after the TRIPS Trade Related Intellectual Property Rights Agreements) Agreement and are fully compliant with it. These patent laws and various judicial decisions provide a stable and effective legal frame works for protection and promotion of IPR. On satisfaction on this point USA, Russia, France, Germany, Briton, Israel are recently ready to transfer advanced technologies to India to manufacture defence, electronics and other goods in India.

 At the same time India has rich traditional medicinal knowledge which were invented by our Rishi Munis several years ago but it exists in diverse forms. Sometimes our traditional knowledge is passed on verbally from one generation to another .Some foreign countries took advantage of this fact and tried to get patent in curcuma, Basmati rice, Neem and other traditional medicines. It is important to protect such knowledge, be it oral or in codified form, from misappropriation, while providing space and environment for dynamic development of traditional knowledge for benefit of mankind. So legal framework should be utilized to enhance transparency and efficiency in the administration and enforcement of IPR laws .Moreover our educational institutions carry out research but not filing patent and commercially utilize it for want of finance and awareness. The National IPR policy 2016 covers all these impediments and hurdles.

Our researchers particularly in universities make hurry to publish the research papers in international magazines to get promotion in their careers. Patent act 1970 debars the allotment of patent on innovation if the research data is already published in the magazines. The university should give incentives or promotion on the basis of patent sanctioned but not on the publication of research papers. Moreover in developed countries special agencies are working to collect the research data from the international magazines. On the basis of research data more advance research in done by foreign countries and get the patent on their name. Developed countries are having higher edge over develop countries because of more intellectual property rights. If we want to convert India as developed country then more stress should be given on applied research and more patent should be secured.    

 The Intellectual property rights include patent act, Design Act, Trade Marks Act The Copy right Act, The Geographical indication of Goods act. A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period provided by the Government to the patentee, in exchange of full discloser of his invention, for excluding others from making using, selling, importing the patented product or process producing the that product for those purpose as per the patents Act 1970. As per National IPR policy 2016 an India where creativity and innovation are stimulated by Intellectual Property for the benefits of all and India where intellectual property promotes advancement in science and technology, arts and culture, traditional knowledge and biodiversity resources, and India where knowledge is the main driver of development, and knowledge owned is transformed into knowledge shared. Intellectual property maybe commercialized by sale or assignment or by entering in to various type of contractual business relationship such as licensing. All academic institution or innovative business or starts up may not have the necessary financial or technical capabilities to take an invention or creation all the way to market by them self.

For commercialization of intellectual property in to market place requires, time, funds, creative efforts, persistence, innovative efforts, focus management of the entire process from idea to market. To obtain commercial returns from IP requires the existence of customer and entity controlling the manufacture and sale of resulting products. The quality of IP management is required for commercialization of patents. The educational institution or stars up lack the finance and quality management to realize patent value.

 Patent owner can commercialize their intellectual property by two chief legal vehicles i.e. to sale or assign the IP and to license IP right. When intellectual property rights are assigned the assignee acquires ownership of all rights which previously belong to the assignor. The assignor may take license back form assignee. The advantage of assigning is that the patent is sold for lump sum and get the value immediately and not to wait for 20 years with no further risk to maintain the patent. The assignor do not have to monitor the assignees exploitation endeavours. Assignment does not provide an opportunity to partake in additional profits. The assigned patent may neverly properly exploited or may not be successful in the market place.

A publication organization or SME (Small and Medium Business Development Chamber of India), starts up, may not be in position to under take the direct exploitation of IP rights, so they preferred licensing of IP rights. There are three main types of licensing agreements. The exclusive license permits only the licensee or his authorised agent. The sole license permits the licensee to work the intellectual property, prevents the grant of additional licenses but allows the owner to also work intellectual property. A exclusive license allows the owner to retain the right to exploit the licensed property as well as the right to grant additional licenses to third parties. Several licensees and the owner have the right to use the intellectual property. Licensing help a company to make financial saving in R & D and effectively eliminate the risk of spending valuable resources going down and R & D. In “Make in India programme” many Indian companies are taking licenses for next generation technology from USA, Russia, Germany, France, Briton, China to manufacturer defence, automobile , electronics and other consumer products. By getting license starts up, SME companies can deliver high technology product in short time and there by reducing import cost.

Benefits to licensee is saving on R & D investment, elements risk associated with in house R & D, reduces time to market, ensures that products are leading edge at new products line to portfolio The strategic partnership can also  be formed. Benefits to licensor is to create new revenues scheme, creates new revenue streams by realizing the full potential of the new technology, expands customer awareness, helps overcome the challenge of establishing the technology in foreign countries and lower costs and risks, provides savings on distribution and marketing expenses, provides a means of avoiding litigation The strategic partnership can be formed in licensing deals ,the owner rights is generally remunerated through lump sum payments or through recurring royalties, which may be based on sales volume of the licensed product or on net sale.

IPR enforcement is pre condition for successful commercialisation. Once the new product is launched in market for sale and if it is successful in market, the competitors will attempt to make a competing, cheaper product with identical or similar features. It will cause financial pressure on the company who have invested money on R & D for creating the product. The exclusive rights are granted to the patent owner to obtain injunctions from National courts to prevent or stop the infringing activity . Orders from the courts can be obtained to have infringing goods seized and destroyed and to obtain information as to the persons from whom  the defendant in turn has supplies  of  the infringing material and the persons to whom the defendant in turn has supplied the  infringing material. Courts have power to effectively freeze the defendants assets. The complainants  has the opportunity to claim damages or compensation for lost benefits.

National Institute of Intellectual Property Management civil lines Nagpur   - Government of India Training on Patents, Designs, Trademarks and Geographical indications provides patents and also training to Businessman, Professionals, Educational institutions, forest, Agriculture, police , Judiciary and other government department .All the persons and institutions  come forward and make public awareness regarding intellectual property rights to benefit of the masses and to achieve “Make In India Programme” successful. I appeal to all researchers in universities, starts up, companies to give more importance to applied research and take patent on innovation as much as possible to convert India in to developed country.

 

I have given power point presentation on Access Benefit Sharing under The Biological Diversity act 2002 in front of august gathering of Hon high court judges , Aurangabad,Senior Division Judges,JFMC in Forest Academy  chandrapur.Biodversity Management  committee will get  0.1%to 0.5% of total turnover for commercial  utilization of bioresources The ABS will be utilized for sustainable development of bioresource
 Adv Dr N .D. Choudhari

NGT directs MSBB to collect ABS on commercial utilisation of bio-resources

NGT directs MSBB to collect ABS on commercial utilisation of bio-resources

Shardul Nautiyal, Mumbai  Tuesday, November 03, 2015, 08:00 Hrs  [IST]

National Green Tribunal (NGT) has recently passed an order for ABS payments by companies engaged in commercial utilisation of castor plant and other bio-resources for drugs and cosmetics. Castor oil is extracted from castor plant which is an agriculture produce. Justice VR Kingaonkar, judicial member and Ajay Deshpande, expert member of the western zone bench of Pune delivered judgment based on a public interest litigation (PIL) making it clear that if a bio-resource like castor oil is commercially utilised, Maharashtra State Biodiversity Board (MSBB) has the mandate to collect ABS payment under the provisions of Biological Diversity (BD) Act, 2002. Judgment clearly specifies that ABS is applicable to bio-resources from agriculture or forest area as well. Castor oil which is an agriculture bio-resource when utilised for general commodities, no ABS is applicable. However, when utilised for commercial purposes for use in drugs and cosmetic products, ABS is applicable to it. ABS is also applicable for access to biological resources, bio survey and bio-utilisation for commercial utilisation. Member-secretary of MSBB Dr Dilip Singh had issued notices to defaulting traders and manufacturers of castor oil in response to non-payment of ABS to MSBB as commercial utilisation of castor oil is tantamount to violation of Section 2(c) (f) and Section 7 of Biological Diversity Act, 2002. The NGT therefore gave instructions to MSBB to take appropriate action against defaulting parties and in case the parties do not respond, their names to be published in newspapers and thereafter prosecution to be filed against them as per the law. It has been further directed that violation of Sections 7 and 24 (2) of Biological Diversity Act, 2002 by not giving prior intimation to State Biodiversity Board (SBB) in case of access to biological resources for commercial purposes, companies shall be held liable and punishable with imprisonment for a term which may extend to 3 years or with fine which may extend to Rs.5 lakhs or with both under Section 55 (2) of the BD Act. The argument in NGT was done by advocate Dr N D Choudhari and assisted by Shashank Vakil. Dr Dilip Singh, member-secretary, MSBB gave information regarding notices given to defaulting parties and assured strict action against defaulting parties. "As per the law, around 95 per cent of ABS will be given to Biodiversity Management Committee (BMC) for sustainable development of bio resources. The ABS should be adopted like a corporate social responsibility (CSR) activity by industries towards bio resources development and environment protection. Thus industries can be associated with the local people from where bio resources are obtained to get continuous supply of bio resources in perpetuity," said MSBB officials in their argument. The judgment was based on a public interest litigation for court case no. 25/2015 (WZ) of Asim Sarode & others versus the state of Maharashtra & others. Under section 55(1) whoever contravenes the provisions of Section 3 or Section 4 or Section 6 shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to Rs.10 lakhs and where the damage caused exceeds Rs.10 lakhs such fine may commensurate with the damage caused, or with both. If the defaulting parties contravenes any directions given or order made by central government, state government, NBA, MSBB, they shall be punished with a fine which may extend Rs.1 lakh and in case of a second or subsequent offence, with fine which may extend to Rs.2 lakhs and in the case of continues contravention with additional fine which may extend to Rs.2 lakhs every day during which default continues. As per the MOEF notification, dated November 21, 2014 the benefit sharing obligation from trader and manufacturer shall be in the range of 1 to 3 per cent and 3 to 5 per cent respectively of the purchase price of the biological resources. However, there is option to pay benefit sharing on sale price of the biological resources accessed for commercial utilisation under the law. For annual gross ex factory sale of product, in case of one crore benefit sharing will be 0.1 per cent, for 1 to 3 crores, it would be 0.2 per cent, for above 3 crores turn over, the benefit sharing will be 0.5 per cent. "Traders and manufacturers are hereby appealed to deposits ABS for sustainable development of bio-resources, " according to Dr ND Choudhari, legal consultant, MSBB, Nagpur.

                                           

improved stove(chulha)

PAINTINGS DONE BY ND CHOUDHARI

BAR COUNCIL OF MAHARASHTRA AND GOA REGISTRATION

CURRICULUM VITAE OF ADV. DR. N. D. CHOUDHARI

PROFESSIONAL EXPERTISE:

·         ENVIRONMENT AND SOCIAL IMPACT ASSESSMENT 

·         NATURAL RESOURCE MANAGEMENT

·         LAND ACQUISITION AND REHABILITATION AND RESETTLEMENT

·         DECENTRALIZED DISTRICT PLANNING 

·         SOCIAL WORK PARTICULARLY IN CHRONIC DISEASES BY YOGA AND NATUROPATHY.

FULL NAME                                         : Adv. Dr. N. D. Choudhari

DATE OF BIRTH                                   : 04/03/1956

ADDRESS                                            : Adv. Dr. N. D. Choudhari                                                                                                                       89, Balasaheb Agne Lay-Out, Khamla Jaitala Road,

                                                              Khamala, Nagpur

                                                              Nagpur Maharashtra India 4400025

TELEPHONE                                        :  Mobile 09422303039, 09403106546

E-MAIL                                                 :  nchoudhari@gmail.com

           

QUALIFICATION                      

§  Master Degree in Zoology (Physiology)  M. Sc.

Nagpur University, 1977

§  Master Degree in LAW, 1994 L.L.M.

§  Bachelor in Education (B.Ed.)

§  Post Graduate Diploma in Forestry (Coimbatore T. N.) 1985-86

§  Three Years Diploma in Yoga & Naturopathy (New Delhi) Doctor in Naturopathy

§  Diploma in Yoga Teacher

§  Master in Reiky

§  Training in Personality Development in Yashada Pune & By Trust of Dr. Kelakr Psychology.

§  Training in Public speeches by Consultant at Delhi & Yashada, Pune

§  Training in Accupressure.

                                                 

PRESENT POSITION : Presently working as

1.     Advocate in High Court Mumbai Bench at Nagpur, & Green Tribunal Pune

2.     Legal Consultant  to Maharashtra Biodiversity Board, Nagpur

3.     Legal Consultant to NDS ENVIRON Consultancy Services in Land Acquisition and Conservation Act.

4.     Hon`. Secretary to Nisarg Sanshondhan & Prashikshan Sanstha, Nagpur

PREVIOUS EMPLOYMENT:

Worked for 30 years with Maharashtra Forest Department in Government Sector as Assistant Conservator of Forest and Divisional Forest officer (Sr. Class I) and worked in Wildlife, Territorial forest divisions, evaluation, Social Forestry, Maharashtra Forest Development Corporation

EXPERIENCE :

1. WORKING WITH  VOLUNTARY ORGANIZATION AND NGO.: (2000 till date)

Involved in following projects with NGO since 2000

1.     Advisor & Hon. Secretary to Nisarg Sanshondhan & Prashikshan Sanstha, Nagpur  Involved in planning, implementation, ,monitoring and evaluation  in

1. IWDP (Integrated Waste Land Development Project)  monitoring and supervision and final evaluation in tribal area in Bhandara and Gondia District and carried out soil and moisture conservation and plantation works.
2. SHGs net working, formed more than 100 SHGs, strengthened and involved in capacity building training ,
3. With the help of tribal Women SHG in Bhandara District Conducted, Monitored Training and Manufacturing of Organic Holi Colors. SHG carried out awareness among people not to use Chemical Colors during Holi as it causes Cancer, Blidness and other diseases.
4. Carried out research in Organic Holi Color and got patent from Government of India
5. Carried out evaluation of Socio Economic Survey of IWDP works in Bhandara and Gondia District.
6. Carried out Medical Camps in Pench National Park and Treated 200 Patients Weekly and Surgeries on Selected Patients by renowned Doctors at Nagpur free of cost and supply of free medicine
7. Yoga and Naturopathy Camps conducted with help of Janardhan Swami Ashram, Nagpur for various diseases and regular teaching of Yoga in Somalwar School Nagpur and saved three persons from suicide by Naturopathy.
8. Given Lectures in more than 200 Schools in Jalgaon, Bhandara, Gondia, Districts regarding Personality Development Method of Study, Stress Management, Wildlife, and Environment.   

2. Hon. Secretary " Nisarg Sanshondhan & Prashikshan Sanstha ", Nagpur  

1. Joint Forest Management: formed and strengthened more than 100 JFMc in Chandrapur, Bhandara, Gondia District.
2. Carried out farmers training in IWDP, ATMA, Bamboo Project in soil conservation and afforestation in Bhandara and Gondia District.
3. Vocational training to Tribals youth in wild life and monitoring, GPS training   course on farm management for rural youth approved by technical education in Chandrapur District.
4. Hold training and workshops for farmers for technology dissemination in Bhandara & Gondia District.
5. Planning and implementation of value education camps, environment awareness camps, SHG training, NTFP based skill particularly in Medicinal Plants in harvesting and marketing in Bhandara and Gondia District.
6. Established Harit Sena Committee in 500 Schools of Bhandara and Gondia District and carried out awareness of Environment and Wildlife Protection, Soil  Conservation, afforestation work, Rallies, and Wildlife Photo Exhibition.
7. Conducted National Level Bamboo Mission Training and Exhibition in Pride Hotel Nagpur involving farmers, Industrialist, NGO, Government Officers, and Bamboo Stake Holders from Assam, UP, MP, Chhattisgarh States
8. Conducted State Level Medicinal Plant Training and Exhibition in Tule Hotel Nagpur involving    Farmers, Industrialist, NGO, Government Officers, and Medicinal Plant Stake Holders from  MP, Chhattisgarh States
9. Conducted Biodiversity Conservation Workshop in Raddisson Blu Hotel Nagpur Involving Farmers, Industrialist, NGO, Government Officers, and Biodiversity Stake Holders from Maharashtra

2.     Member of group formed for National Biodiversity Strategy Action Plans (NBSAP) of Maharashtra with special reference to industrial area biodiversity and working as Legal Expert to Maharashtra State Biodiversity Board.

B .REHABILITATION AND RESETTLEMENT

·         Removed 35 years old encroachment in Pench National Park and Bor Sanctuary in Nagpur District. and removed 2000 Cement Houses from Totladoh Reserved Forest in  84 Hectares in  Pench National Park and rehabilitated near about 3000 people near Devalpar by allotting them Revenue Land Patta and providing them poles, thatching material and transport to build houses within a week in 2002

·         Removed encroachment of 200 Hectares from Bor Wildlife Sanctuary in Nagpur District in 2002

·         Converted 284 Hectares encroached land into a grass land by planting grass and fodder plant so as to become suitable habitat for Wildlife management.

C. COMMUNITY DEVELOPMENT:

              10 YRS Experience in community development works in the villages particularly in Social Forestry in Jalgaon, Gondia and Bhandara District. Working experience in preparation of action plans, monitoring and implementation of the world bank aided project, IWP (Integrated Westland Project), Eco-Development Project, and Training to self help group in training in Sewing Machine, Value Added Food and Medicine Product, Bamboo Handicraft etc.  

          D. ENVIRONMENT MANAGEMENT:

·         30 YRS Experience in Environment, Forest & Wildlife Management in Forest Department in Social Forestry, Wildlife Department, Territorial Forest Divisions, Evaluation Department, Forest Development Corporation of Maharashtra  defending in Environment Appraisal Committee of MOEF Govt.  of India.

·         Successfully implemented World Bank Aided  (Environment and Social Mitigation Project (ESMP) in five projects in Social Forestry Department from 1992 to 2000

·         Exposure to environmental laws and regulations , Air and Water Act, Conservation Act, Wildlife Act, Indian Forest Act, Biodiversity Act,

·         Prepared five years Environmental Action Plans, Wildlife Protection Plan, Integrated Waste Land Development Plan, Eco- Development Plan, Joint Forest Management Plan, and Bamboo Mission  

·         Engaged in Environment Monitoring & Evaluation of Plantation, Socio Economic Survey of Villages Since 1987

·         Prepared following schemes and implemented successfully

o    Implemented and Monitored MSEB Durgapur for Bio-stabilization of OB dump of coal dust from Thermal Power Plant using bio-technological approaches and afforestation at Durgapur

o    Carried out 800 Hectares Bamboo and Teak Plantation on Agricultural Land of farmers under agro forestry to avoid suicide of farmers and enhance their income

o    Restoration of biodiversity and Protection of Great Indian Bustard (Threatened) Bird Species in Warora in Chandrapur District and Radio Collaring the GIB for the first time in the World to Monitor its movement by GPS & Satellite

o    Rescued Tiger and Panthers from the Villages adjoining the Forest and Radio Collared it and monitored its movement by GPS & Satellite.

o    Protected Villagers from the attack of Panther Tiger and other Wildlife by creating awareness and protective plan.

o    Massive afforestation planning and monitoring in Jalgaon, Nanded, Chandrapur, Nagpur, Bhandara, Gondia District

o    Carried out Training of National Green Corps Teachers and Students in 500 Schools in Bhandara and Gondia

D. Forest Diversion Consultancy: Dealing all forest diversion cases under FC Ac t from bottom

     level to top level to get Forest Clearance . Following assignment completed

1.     Diversion of 5.37 Hectares of Zudpi Forest  Land for Telwasa Coal Mines in Chandrapur and got 1^st Stage Sanction from MOEF

2.     Diversion of 462.43 Hectares of Forest Land for Durgapur Raytwari in Chandrapur District in which 1^st and 2^nd Stage MOEF sanction is obtained.

3.     Diversion of 84.41 Hectares of forest land for Integrated Baranj Open Cast Mine in Bhadravati District Chandrapur 1^st and 2^nd Stage MOEF sanction is obtained.

4.     Diversion of 72.22 Hectares of forest land for Hindustan Lalpeth WCL Coal Mines in Chandrapur 1^st and 2^nd Stage MOEF sanction is obtained.

5.     EMCO Thermal Power Station Diversion of Land Proposal 1^st and 2^nd Stage MOEF sanction is obtained

COMPUTER COMPETENCY: 

Adequately trained in data base management, Microsoft Project Monitoring, MS Office etc.    

(Excel, MS Word, Power Point) Master in MS project office software Large data handling under Excel etc. .

PROJECT FORMULATION & IMPLEMENTATION:  

Experienced in formulation of project proposals, convergence schemes for funding from various organization based on situation analysis, felt need study. Following important projects reports have been formulated

1. Integrated Waste Land Project Tumsar in Bhandara, Jalgaon District and Gondia District and Implemented.
2. Wildlife Protection Plan in Chandrapur and Bhandara District and Implemented.
3. Great Indian Bustared Recovery Program in Warora District Chandrapur under Central Sponsored Scheme and Implemented.
4. Eco-Development Committee Plan in Yawal Taluka In Jalgaon District and Implemented.
5. Bamboo Development Plan under Central Scheme and Implemented.
6. Eco-Tourism Plan in Nagzira Sanctuary and Pench National Park and Implemented.
7. Removal of encroachment, Habitat Development and Wildlife Development Project Plan in Pench National Park and Implemented.
8. Preparation of Tribal Development Plan, for Training to Tribal Youth in Wildlife Monitoring in Chandrapur District and Implemented.
9. Preparation of Training of Tribal Women Self Help Group for making Organic Holi Color Plan in Bhandara District and Implemented.  

Award:

1.International award by World Wildlife Fund for removing 84 hectors  encroachment  in Pench National Park & 200 hectors  encroachment  in Bor Sanctuary.

2. Recognition letter by Sanctuary Magazine of Wildlife Mumbai for removal of encroachment & rehabilitation of Total doh Village
LEGAL COSULTANT IN MAHARASHTRA STATE BIODIVERSITY BOARD
LEGAL CONSULTANT IN INTELLECTUAL PROPERTY RIGHTS
 LEGAL COSULTANTS IN FOREST ,WILDLIFE, ENVIRONMENT

PUBLICATIONS:

Published More than 35 articles on Forest, Wildlife, Social Forestry, Environment, Naturopathy in Various Newspapers like Times of India, Hitvada, Lokmat, Loksatta, Nav Bharat, Dainik Bhaskar, Maharashtra Times, Deshonatti, and Magazines like Baliraja, Shetkari,   

Carried out more than 50 TV Programs on Forest, Wildlife, Social Forestry, Environment, Naturopathy

Language Known: Marathi, English and Hindi

                                                                                                Advocate Dr. N. D. Choudhari