A Company named Ramsung manufacture Automobile under the name Roi Jaguar. The Ramsung Company is engaged in the manufacture of a wide range of automobile products including diesel engines, generating sets, agro equipment
CS Professional · Intellectual Property Rights - Law and Practice · PYQS · December 2024
A Company named Ramsung manufacture Automobile under the name Roi Jaguar. The Ramsung Company is engaged in the manufacture of a wide range of automobile products including diesel engines, generating sets, agro equipments, construction equipments and road construction equipments. The General Manager of Ramsung is tasked to protect its brand in accordance with Indian law. At one point, the General Manager left the company. Soon after he left, Ramsung Company discovers a very similar product in the Indian market in the name of Roi Lynx. Both brands thus exist with the same word followed by the name of a species of big cat. After some research, Ramsung finds out that after quitting the job, its former General Manager has started competing against it with very similar products. A suit for permanent & mandatory injunction, was filed. It is claimed that the word/mark Rio Jaguar is an essential and prominent feature of plaintiff 's trade name. It is alleged that defendant is engaged in a business which is similar to the business of the plaintiff company and is dealing in products as that of the plaintiff company. In view of the above information, answer the following questions : Whether SBB (State Biodiversity Board) can advise the State Government regarding biodiversity conservation? If so, whether the authorities may be compelled to reconsider the land acquisition of a biodiversity rich area for commercial activities ?
Answer & Explanation:
In the given case of M/s. Cheirbra Peak Estate Limited Vs State of Kerala & others Kerala High Court directed the Revenue Authorities to seek the opinion of SSB regarding the ecological balance of the private coffee estate of Muttil in Wayanad before proceeding with acquisition of the estate for setting up of a mega food park, Justice T.R. Ramachandran Nair ordered that this should be completed within two months. The Park was being set up by Kerala Industrial Infrastructure Development Corporation (KINFRA) from the allotted funds of the Government. There were some interesting arguments that were raised in the course of PIL. The Govt Pleader argued that the State Government has got power U/s 37 to declare an area as a biodiversity heritage site since they had chosen not to do so there can be no objection to any land acquisition of the area. The Court nonetheless made mention of sections 23 & 24 of Bio Diversity Act and according to section 23 that it is amongst the functions of the State Biodiversity Board (SBB) to advise the State Government on matters related to and as per section 24 SBB has the power to restrict certain activities in the State that might be going against the objectives of conservation In this context court hinted that if the Government were to consider the inputs of the SBB on concerns of bio diversity conservation the authorities may be compelled to reconsider the land acquisition of the bio diversity rich area for commercial activities. Therefore, yes, the State Biodiversity Board (SBB) can advise the State Government regarding biodiversity conservation. As per Section 23 of the Biological Diversity Act, 2002, one of the functions of the SBB is to advise the State Government, subject to any guidelines issued by the Central Government, on matters relating to the conservation of biodiversity, sustainable use of its components, and equitable sharing of benefits arising out of the use of biological resources. Furthermore, as per Section 24 of the Act, the SBB has the power to restrict certain activities that might be detrimental to biodiversity conservation. If the SBB provides strong recommendations against the land acquisition of a biodiversity-rich area for commercial activities, citing significant ecological impact, the authorities may indeed be compelled to reconsider their decision. While the SBB's role is advisory, judicial intervention (as seen in the Cheirbra Peak Estate case) can compel the government to consider these expert opinions, especially when public interest and environmental protection are at stake. The court's hint in the given case reinforces that such inputs from the SBB can lead to a mandatory reconsideration of land acquisition plans.
Topics: Biodiversity Law
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