Mapping Biopiracy In The Ip Landscape
- IJLLR Journal
- Jun 27
- 2 min read
Isha Gupta, Asian Law College, Noida
ABSTRACT
Over the past two decades, multinational corporations have been capitalizing on the traditional knowledge and resources of indigenous communities around the world by patenting them. This paper delves into the key area of dispute - “biopiracy” and examines how the concept of biopiracy can illuminate current and future challenges within the intellectual property rights (IPR) framework, both domestically and internationally. Biopiracy is an emergent term that refers to the appropriation and patenting of genetic resources and Traditional Knowledge and practices, thereby imposing restrictions on their use through intellectual property laws. These practices can exacerbate inequalities as bio-pirates carry out their operations under a veil of legality i.e., the international patent system.
India, a treasure trove of traditional knowledge is home to a diverse range of cultures and customs. However, the ordeals in enforcing the intellectual property rights in foreign countries make it challenging for India to prevent biopiracy. But India has still made significant strides in protecting its Traditional Knowledge and has successfully challenged several patents and emerged as a protector of its ancient knowledge and practices.
This article elucidates the dynamics behind the current stalemate while providing a template for moving forward. Further, it makes an effort to highlight the threat posed by biopiracy and how industrialized nations have wrongfully exploited Traditional Knowledge without due recognition or compensation to indigenous communities and to their knowledge. By examining the biopiracy allegations in the context of national and international agreements, the article distinguishes rhetoric from reality and concludes with advocating on some suggestions and recommendations which can help in protecting Traditional Knowledge against the menace of biopiracy.
Keywords: Biopiracy; Traditional Knowledge; Intellectual Property Rights (IPR); Patents
