“Bio-Piracy: Legal System and Sustainanable Development”

Abstract

The Intellectual property rights have been more economically and politically important and controversial in recent times. The issues relating to IPRs are frequently discussed and debated as relating to biodiversity management, use of genetic resources, biotechnology, traditional knowledge, biopiracy, access and benefit sharing of biological resources etc., at international and national levels. So IPRs have a number of socio-economic impacts which require the adoption of a broader perspective rather than purely in terms of economic development.

The management of biological resources is an important issue at national and international level due to progressive recognition of economic opportunities arising from the use of biodiversity. The current IPRs regime is encouraging the commercialization of Biodiversity and related traditional knowledge. The developed countries are not rich in biological resources but are better equipped in research and development. So the biotechnology industries in capital rich developed countries, strongly favours for strong IPRs regimes over biological resources and derived products.

There is growing evidence of misappropriation of traditional knowledge and the rights of farmers and local communities by the corporations and private research institutions that have been patenting genetic material and knowledge relating to their use. So the rush of patenting genes, plant varieties and medicines increase (through biopiracy) in which the resources and knowledge of developing countries are parented by institutions of developed countries.

India being a member of the various international conventions and agreements is bound to enact/amend relevant domestic Laws to gear up and face the challenges of globalization. The IPRs related Laws in India is undergoing changes in order to confirm to stipulations in the TRIPS Agreement. This paper analyse the concept of Biopiracy of Biodiversity and traditional Knowledge, current legal mechanism and challenges in this concern.