Protection of Rights of Indigenous People of India: A Need for a Transformational Shift Against Bio piracy

The fluctuating patterns of consumerism, globalisation, and emerging environmentalcomplications are increasing the economic importance of biodiversity. However,expressing the overall worth of biodiversity in economic footings is extremely difficult.The preservation of biodiversity and the protection of indigenous knowledge areinseparably connected. The intellectual property rights of indigenous communitieshave become a significant issue as a result of globalisation. Plant genetic resources areregarded by the Convention on Biological Diversity as tradable commodities subject tonational sovereignty rights. While there are a number of international documentsproviding for the protection of intellectual property, the issue is whether the protectionis given to those who are first to obtain a patent versus the indigenous communitieswho have historic knowledge and use of the plant but did not seek a patent.The protection of native biodiversity is at a crossroads on a global scale. Withoutsignificant national laws, agricultural crops and their associated traditional, indigenousfamiliarity face extinction at the hands of a wealthier, more legally savvy world.Biodiversity extinction threatens agriculture universally. Current internationallegislation is unsuccessful to account for the distinct nature of indigenous crop growth,and indigenous innovators have ached as a result. From an indigenous standpoint,improved national legislation that is explicitly tailored to indigenous apprehensionswill protect their rights over established biodiversity and traditional knowledge,ensuring dignity, autonomy, equality, and justice, as well as the continued existence ofindigenous people. The aim of this paper is to study the impact of biopiracy and theneed for strong laws to protect the rights of the indigenous communities to tackle theconflict between patent law and plant genetic resources.