BIOPIRACY AND PATENT ETHICS: A GLOBAL GOVERNANCE DILEMMA

AUTHOR – APURVA SINGH, STUDENT AT AMITY UNIVERSITY, PATNA

BEST CITATION – APURVA SINGH, BIOPIRACY AND PATENT ETHICS: A GLOBAL GOVERNANCE DILEMMA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 528-532, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Biopiracy has emerged as one of the most contentious ethical and legal challenges in the domain of Intellectual Property Rights (IPR). It involves the unauthorized and uncompensated appropriation of biological resources and traditional knowledge (TK), often from indigenous communities, by corporations or research entities seeking patent protection. The conflict between global patent regimes and the protection of biodiversity-rich developing countries—such as India—reflects a fundamental governance dilemma: how to reconcile intellectual property protection with ethical, equitable access to genetic resources. This paper explores the concept and evolution of biopiracy, examines international legal frameworks such as the TRIPS Agreement, the Convention on Biological Diversity (CBD), and the Nagoya Protocol, and evaluates India’s national legal response through instruments like the Biological Diversity Act, 2002, and the Protection of Plant Varieties and Farmers’ Rights Act, 2001. It critically analyses the ethical implications of patenting life forms, the inadequacy of benefit-sharing mechanisms, and the path forward toward an equitable global IP order that respects indigenous rights and biodiversity sovereignty.

Keywords – Biopiracy, Patent Ethics, Traditional Knowledge, Intellectual Property Rights, TRIPS Agreement, Convention on Biological Diversity, India, Global Governance, Patent Law, Indigenous Rights