Biopiracy

Biopiracy

Sub: Env

Sec: Biodiversity

• Biopiracy refers to the unauthorized exploitation of biological resources and traditional knowledge by corporations, researchers, or countries. This often involves the patenting of indigenous plants, animals, or knowledge for commercial purposes without compensating the source community or country.
• Common Forms:
  • Patent claims on traditional medicinal plants without acknowledgment or compensation.
  • Unauthorized collection of genetic resources from biodiversity-rich regions, often in the Global South.

Digital Biopiracy:

• Digital biopiracy is the use of digital tools to access, record, and use genetic and biological data without permission or benefit-sharing arrangements. With advancements in biotechnology, this includes accessing databases with genetic sequences and utilizing the information for profit, such as in pharmaceuticals, agriculture, and synthetic biology.
• Key Concerns:
  • Growing databases of digital genetic information allow companies to use data for genetic engineering without needing physical resources, thus bypassing existing biopiracy laws.
  • Nations and communities may lose control over their biological resources in the digital space, making it challenging to regulate or claim compensation.

Laws Related to Biopiracy in India

India has specific legal frameworks to prevent biopiracy and protect its biodiversity and traditional knowledge:

1. The Biological Diversity Act, 2002:
   • Protects India’s rich biodiversity by regulating access to biological resources and associated knowledge.
   • Requires foreigners to obtain permission from the National Biodiversity Authority (NBA) to access biological resources.
   • Mandates benefit-sharing with local communities if any commercial product is developed from Indian biological resources.
2. Protection of Plant Varieties and Farmers’ Rights (PPVFR) Act, 2001:
   • Provides rights to plant breeders and farmers.
   • Protects farmers’ traditional knowledge and ensures they are recognized for their role in conserving plant varieties.
   • Prevents companies from patenting traditional crop varieties developed by Indian farmers.
3. Traditional Knowledge Digital Library (TKDL):
   • A digital database of documented traditional knowledge, primarily related to Indian medicinal plants and practices.
   • Designed to prevent patents on traditional Indian knowledge by providing evidence that such knowledge is in the public domain.

International Laws and Agreements Related to Biopiracy:

1. Convention on Biological Diversity (CBD), 1992:
   • A landmark international treaty aimed at the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of benefits.
   • Under the CBD, countries have sovereign rights over their biological resources.
   • Establishes guidelines for access and benefit-sharing (ABS) with indigenous communities and countries.
2. Nagoya Protocol on Access and Benefit-Sharing (ABS), 2010:
   • Supplements the CBD and provides a legal framework to ensure that benefits from genetic resource use are shared equitably.
   • Encourages user countries to share benefits arising from the use of genetic resources with the provider country, often through monetary or technology transfer agreements.
3. TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), 1995:
   • Administered by the World Trade Organization (WTO), the TRIPS Agreement establishes minimum standards for intellectual property (IP) protection.
   • While it does not directly address biopiracy, TRIPS requires countries to grant patents for inventions, which can sometimes include genetic resources.
   • Some countries have raised concerns that TRIPS allows companies to patent biological materials sourced from other regions without adequate compensation.
4. International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), 2001:
   • Also known as the “Seed Treaty,” it focuses on the conservation and sustainable use of plant genetic resources for food and agriculture.
   • Promotes farmers’ rights, including the right to share benefits derived from using plant genetic resources.
   • Encourages the exchange of genetic materials while ensuring that benefits are shared with source countries and communities.

Challenges and Issues:

• Enforcement: Biopiracy laws are difficult to enforce globally, especially with advancements in biotechnology and digital tools.
• Equitable Benefit-Sharing: Ensuring fair compensation for indigenous communities remains challenging, as legal frameworks and enforcement vary by country.
• Digital Biopiracy Regulation: Current frameworks are not fully equipped to address digital biopiracy, as genetic information can be digitized, shared, and utilized without physically accessing resources.