Intellectual property rights and biodiversity: Peculiarizing issues of biopiracy and the prophylactic measures therein

Abstract

India being a tropical country has always been rich in biodiversity supported by its favorable climatic condition. With such potential, India has been in an ambivalent situation wherein its biodiversity is not only an asset to the economy, but it has also been masterfully exploited by outsiders, both nations and corporations, resulting in India becoming a victim of biopiracy. Over the years India has enacted several laws and certain measures to regulate, protect and also for harmonious coexistence and sustainable development of its biodiversity. Amongst those laws and measures, Patents Act, 1970 (Patents Act), and Biodiversity Act, 2002 (BDA), represent a form of unique symbiotic-duality, whereas Traditional Knowledge Digital Library (TKDL) acts as a reliable aid in the entire scenario. This paper provides an overview of patentability criteria provided under the Patents Act, an account of the repository, TKDL, followed by a brief discussion on the BDA, and few major instances and attempts of biopiracy in India and how, the Patents Act, along with TKDL and BDA has played a pivotal role in curbing biopiracy.