Combating Biopiracy: Protecting Traditional Knowledge and Biodiversity in the Face of Intellectual Property Exploitation
Abstract: Biopiracy, the appropriation of traditional knowledge and biological resources without proper acknowledgment or compensation, poses a significant challenge to intellectual property law and indigenous communities. This paper examines notable instances of biopiracy, including the patents on turmeric, neem, ashwagandha, and jamun, to highlight the ongoing conflicts between modern intellectual property systems and traditional knowledge. These cases reveal how traditional practices, deeply rooted in indigenous cultures, are often exploited for commercial gain by external entities, leading to legal disputes and the need for reform.The revocation of patents for turmeric and neem demonstrates a positive shift in recognizing the prior art of traditional knowledge, but challenges persist in proving the originality of such knowledge within the constraints of existing intellectual property frameworks. The struggle to protect traditional knowledge illustrates systemic gaps in current patent laws, which frequently fail to account for the cultural and historical significance of these practices.This paper argues for comprehensive legal reforms to better safeguard traditional knowledge and ensure fair compensation for indigenous communities. Strengthening intellectual property protections is essential not only for preserving cultural heritage but also for fostering ethical scientific advancement. By integrating respect for traditional knowledge into intellectual property systems, we can work towards a more just and sustainable global knowledge economy
Institutions
- College of Law (LV)
Publication Details
- Journal
- Zenodo (CERN European Organization for Nuclear Research)
- Published
- 2024-10-31
- DOI
- https://doi.org/10.5281/zenodo.14091984
- Primary Topic
- Indigenous Knowledge Systems and Agriculture
- Type
- article
- Field-Weighted Citation Impact
- 0.00