Study on protection of Intellectual Property Rights, with Special Reference to Protection of Biodiversity, Traditional Knowledge of Indigenous People in India and Sustainable Development

Authors

  • Madhavi Malge Madhavi Malge Department of Law, Shivaji University, Kolhapur

Keywords:

Biodiversity, biodiversity convention, environment, indigenous people, intellectual property rights, microorganisms, rights

Abstract

The world can be divided into two parts based on the availability of rich biodiversity and the lesser
availability of such biodiversity. Biodiversity consists of flora, fauna, animals, insect species, etc.
from small bacteria to huge animal, it includes everything. Human conduct is causing threat to
biodiversity. It is resulting into extinction of certain species of plants and animals. India is rich in
biodiversity having the culture of protecting environment. Extinction of certain species is natural in
evolution of nature. However, when human being is responsible for extinction, it may cause serious
threat to his existence. Biodiversity can be seen to be distributed in India in Himalayas, Gangetic
Plains, deserts, and on Eastern and Western Ghats. It has been observed by World Conservation
Monitoring Centre (WCMC) that a million plus out of 5–10 million species on the earth are
eliminated due to bio pressure. Forests, medicinal flora, domestic animals, and marine biodiversity
need protection on priority. Even the WHO has started study, documentation, and testing of popular
tribal remedies. At national level for the protection of biodiversity, Convention on Biodiversity and
National Level Indian Biodiversity Act, 2002 plays an important role. At global level, we need
safeguards to protect biodiversity and the traditional knowledge of indigenous people who conserve
biodiversity through their skill and knowledge about environment. Majority of indigenous people even
are not aware that their traditional knowledge regarding medicinal plants are their intellectual
property rights. In majority of cases, the rights of such indigenous people in developing countries are
violated by exploitation of their IP rights by developed nations having advanced technology but less
with biodiversity. This article deals with the concept of biotechnology, threat to biotechnology, need
of protection of biodiversity, and sustainable development. It also deals with IP protection to different
plant varieties, microorganisms, different laws dealing with protection of biodiversity, and most
importantly rights of Indigenous people in protection of their traditional knowledge, etc.

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Published

2022-09-01

How to Cite

Madhavi Malge, M. M. (2022). Study on protection of Intellectual Property Rights, with Special Reference to Protection of Biodiversity, Traditional Knowledge of Indigenous People in India and Sustainable Development. NOLEGEIN- Journal of Entrepreneurship Planning, Development and Management, 5(1). Retrieved from https://mbajournals.in/index.php/JoEPDM/article/view/905