There are millions of species across the world and India has tremendous varieties of species including plants, animals and biological genetic resources that could be potentially useful to Humans. Significant potential be

CS Professional · Intellectual Property Rights - Laws and Practices · PYQS · June 2025
There are millions of species across the world and India has tremendous varieties of species including plants, animals and biological genetic resources that could be potentially useful to Humans. Significant potential benefits can be obtained by accessing these genetic resources by making use of them. Genetic resources historically formed part of common heritage of mankind (hereinafter referred to as CHM) and were treated as belonging to global commons. The countries that were rich in biological resources were not able to fully utilize and benefit from their biological resources consisting of species, crops and plant varieties like rubber, cocoa, quinine etc. as they were being rampantly smuggled abroad. Due to technological innovation and development, a large number of industries started evolving the use of genetic resources and have become active in bioprospecting i.e. "the collection and exploration of biological resources for commercial purposes. Most well-known industries actively indulging in bioprospecting are pharmaceutical and agricultural industries which are involved in the fields of cosmetics, biotechnology, personal care, botanical medicine, horticulture, crop protection etc. In the above context, biopiracy emerged as a defining context for the corporations and the industrialized countries who were claiming ownership, taking advantage of the genetic resources and Traditional Knowledge that existed in the developing countries. The term biopiracy is referred to as "illegal use "or "illegal access" by experts and has been adopted under the Bonn Guidelines. Discuss the means through which CBD and TRIPs could be harmonized.

Answer & Explanation:

The Convention on Biological Diversity (CBD) 1992: Opened for signature at the Earth Summit in Rio de Janeiro in 1992, and entering into force in December 1993, the Convention on Biological Diversity is an international treaty for the conservation of biodiversity, the sustainable use of the components of biodiversity and the equitable sharing of the benefits derived from the use of genetic resources. The interface between biodiversity and intellectual property is shaped at the international level by several treaties and process, including at the WIPO, and the TRIPS Council of the WTO. With 193 Parties, the Convention has near universal participation among countries. The Convention seeks to address all threats to biodiversity and ecosystem services, including threats from climate change, through scientific assessments, the development of tools, incentives and processes, the transfer of technologies and good practices and the full and active involvement of relevant stakeholders including indigenous and local communities, youth, NGOs, women and the business community. India also followed the suit by placing in place legal frameworks for the management of biodiversity and Intellectual property laws. Following India's ratification of the Convention on Biological Diversity (CBD) at international level, the Biological Diversity Act, 2002 was adopted. The Biological Diversity Act aims at conservation of biological resources and associated knowledge as well as facilitating access to them in a sustainable manner and through a just process. While the TRIPS and the CBD both attempt to legislate some form of intellectual property and technology transfer, the Agreement appear to provide contradictory prescriptions for the control over genetic control over generic resources and biodiversity. The two Agreements embody and promote conflicting objectives, systems of right and obligations. The core issues is that, in the area of patentable subject matter, benefit sharing, protection of local knowledge, requirements of prior informed consent and role of state. In the benefit sharing arrangements, a key aspect of the CBD is the one, which recognizes the sovereign rights of the states over their biodiversity and knowledge, and thus gives the State the right to regulate access and this in turn, enables the state to enforce its rights on arrangements for sharing benefits. There is an urgent need to review all the instruments, particularly in the area of trade, intellectual property and conservation of biodiversity that causally influence the people's freedoms and capabilities in the said areas. To overcome the range of these surmountable barriers, a comprehensive approach to development is required, i.e. an all-encompassing functional relation amalgamating distinct development concerns in relevant spheres, especially in economic matters.

Topics: Biodiversity

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