Analysis of Existing International and Indian Legal Frame Work
Volume III, Issue II, 2020
Biopiracy is playing a crucial role in the maintenance of biodiversity as biopiracy is a complex issue which consensus in the international community. The growing expansion of technology was pushed by developed countries to protect their technological knowledge and culminated in the adoption of minimum standards for patent law in the WTO TRIP’S Agreement. Efforts of the much weaker developing nations to address negative effects if IPR’S on developing countries and their biodiversity have been much less effective. The growing concern for the disappearance has resulted in adopting various legal instruments such as Convention on Biological Diversity, TRIP’S, Nagoya protocol, WTO, and so, but a mandatory disclosure could be used to monitor compliance with the CBD and remedy biopiracy .In this article a legal perspective has been gone through for an effective remedy to biopiracy from database genetic resources, traditional knowledge and private agreements.
Keywords: Biopiracy, Biodiversity, Intellectual Property, Biological Diversity Law, India and Biopiracy