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

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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
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article

Combating Biopiracy: Protecting Traditional Knowledge and Biodiversity in the Face of Intellectual Property Exploitation

Zenodo (CERN European Organization for Nuclear Research)
Indigenous Knowledge Systems and Agriculture
article

Combating Biopiracy: Protecting Traditional Knowledge and Biodiversity in the Face of Intellectual Property Exploitation

article en

Abstract

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

Zenodo (CERN European Organization for Nuclear Research)
College of Law (LV)
Life in Land
Openalex Percentile: Top 80%
Indigenous Knowledge Systems and Agriculture
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