Biopiracy is the miss-appropriation and commercialization of genetic resources, traditional knowledge of the indigenous communities.
Biopirates make profit from freely available natural products such as plants, seeds, leaves etc. by copying techniques used daily for generations by local peoples in order to feed or take care of themselves.
Biopirates are mainly pharmaceutical, cosmetic and agri-food firms. They draw on biodiversity hotspots in order to create supposedly ‘innovative’ products and guarantee their monopoly on them through the patent system.
These products are often to a large extent inspired by techniques and knowledge that have already been known and collectively managed by local communities, sometimes for thousands of years.
Challenges
Biopiracy damages the community knowledge, traditional knowledge and national heritage of developing countries, and also a potential threat to the economic interest of many Asian and other developing countries.
Biopiracy has also caused the problem of the intrusion to national sovereignty when an individual, corporation or a government from other countries utilize and benefit from the patenting of genetic resource which derive from native species and indigenous knowledge of another sovereign state.
As whole biopiracy violate the concept of common heritage of mankind, and violates the state’s sovereign rights to its own resources.
India is one of the countries with most diverse biological resources in the world, because of this reason; it attracts foreign companies to explore these enriched resources. India facing the issue of biopiracy is very seriously in last two decades.
Bio-piracy of codified Indian traditional knowledge continues, since, this information exists in regional languages, and there exists a language barrier due to which the patent offices are unable to search this information as prior art, before granting patents.
India’s Stand
India is a member of the World Trade Organization, as a result of this government is compelled to amend laws in tune with the TRIPs Agreement which provide the patenting of biological materials and inventions.
The new versions of the Indian Patent Act allow broader interpretations of patentable inventions.
As a counter measure, they also enacted laws that protect farmers’ and community rights.
