Biodiversity Laws as a Means to Protect Traditional Knowledge: Issues, Challenges and Success Stories

Abstract

India is a country rich in biodiversity. The associated traditional knowledge has been an important part of Indian culture and society. Being a diversity rich spot, India has been victim of bio-piracy several times, though it has learnt its lessons from haldi, neem and basmati incidents. While it is important for countries to conserve its biodiversity and associated indigenous knowledge, it is also important to protect rights of those who add value to it and make its use more extensive through the tools of intellectual property rights. This results in conflict between biodiversity conservation and intellectual property rights. Biodiversity conservation conventions and statutes seek to achieve a balance between the rights of both. In India, the Biodiversity Act, 2002 provides for requirement of prior informed consent of the indigenous communities before accessing and using the concerned bio-resource. It also provides legal framework to ensure benefit sharing in various forms in case any intellectual property is obtained on the bioresource or the relevant traditional knowledge. However, effective implementation of the same remains a challenge. This ultimately deprives the actual holders of the concerned traditional knowledge who have either nurtured the bio-resources for years. This paper discusses the framework of biodiversity conservation laws as a means to protect rights of traditional knowledge holders in the international and Indian context. It highlights instances where legal framework has been successful in protecting rights of traditional knowledge holders. It also discusses various issues and challenges in protection of traditional knowledge in India.