Handbook on Biodiversity Protection in India

Abstract

This handbook comprises of chapters relating to Bioprospecting, Intellectual Property Rights and Protection of Biodiversity and Traditional Knowledge against Biopiracy. It highlights the existing problems in the IP regime in this regard. The handbook explains the role of Intellectual Property as a mechanism in fighting against biopiracy through several case studies. The book also discusses relevant international agreements and conventions like the Convention on Biological Diversity, TRIPS Agreement, Nagoya Protocol, etc. Traditional Knowledge, biological and genetic resources play an important role in the development of biotechnology at large. Not only do they belong to a certain indigenous community that deserve to have some rights over it, but they also garner a lot of benefits if provided with sufficient protection. It is often argued that Intellectual Property protection isn’t enough to address the full scope of protection required, that there is a need for a sui-generis law. This has resulted in the misuse of traditional knowledge and increasing cases of biopiracy, with instances of corporations viii unfairly making profits in millions out of such knowledge while the keepers of such knowledge are left high and dry. The book addresses the major hurdles in providing adequate protection to such knowledge and resources. The book also tries to shed light on the debate about bioprospecting being a more discreet way of pirating such biological resources and traditional knowledge. Thus, the handbook will attempt to provide the readers with an understanding of the IP regime relating to biodiversity and the study of important cases in this regard. This will help the readers get a more detailed insight into this developing arena of law. The book also analyzes the existing laws and conventions on biodiversity and how it helps to tackle the issue of biopiracy, while allowing bioprospecting. It also provides certain suggestions and recommendations that can help overcome the existing problems.