Protection of Bio-resources and Associated Knowledge against Bio-Piracy: A Critical Appraisal of Access-Control Mechanism in Biodiversity Management

DOI

10.2991/978-2-38476-255-2_29How to use a DOI?

Keywords

Biodiversity; Access-control; Benefit sharing; TRIPs; CBD; India

Abstract

A core intellectual property politics at international level is the tug of war between biodiversity rich nation who complain that intellectual property regime promotes commercialization and exclusivity over their national resources and technology rich nations who term such access to biological resources and privatization of rights over inventions over such resources as bioprospecting. India, with its remarkable biodiversity has been prone to bio-piracy in cases of neem, turmeric and many more. This chapter is an attempt to review the international legal norms relating to biodiversity and compare how access control and benefit sharing mechanisms has been implemented in specific to Indian legal regime.

The chapter introduces the challenges in protection of biodiversity in the first section. The second section highlights the necessity of appropriate legal tools for protection of biodiversity emphasizing its need not only for conservation, preservation but also for catering needs of modern society and generation of revenue for a nation. In the third section, an attempt has been made to focus on the salient features of Convention on Biodiversity, its Protocols, and the latest Kunming-Montreal Global Biodiversity Framework (GBF) as adopted in 2022. Indian position on access-control mechanisms and benefit sharing method for biodiversity management has been discussed with illustrative examples and incorporating prominent changes as introduced by Biological Diversity (Amendment) Act, 2023 in the last section.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Parimita Dash
AU  - Debmita Mondal
PY  - 2024
DA  - 2024/06/13
TI  - Protection of Bio-resources and Associated Knowledge against Bio-Piracy: A Critical Appraisal of Access-Control Mechanism in Biodiversity Management
BT  - Proceedings of the NDIEAS-2024 International Symposium on New Dimensions and Ideas in Environmental Anthropology-2024 (NDIEAS 2024)
PB  - Atlantis Press
SP  - 337
EP  - 347
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-255-2_29
DO  - 10.2991/978-2-38476-255-2_29
ID  - Dash2024
ER  -