Challenges Related to Protection of Indigenous Resources Against Biopiracy

Challenges Related to Protection of Indigenous Resources Against Biopiracy

DOI: 10.4018/978-1-6684-5678-1.ch046
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Abstract

The protection of indigenous/aboriginal resources is one of the important aspects of biodiversity justice. Many international treaties and conventions legitimised natural rights and privileges of tribal societies and indigenous communities. But some interventionist practices like a conflict of interest in bioprospecting agreement and biopiracy have become major concerns for prospering third-world countries. Strategic application of prior-informed consent and benefit-sharing procedures will definitely meet socio-environmental sustainability in the country. The responsibility and liability of state biodiversity authority and local biodiversity committee at village level need to be fixed to maintain transparency and accountability. Conservation of ethnobiological resources is also important in the view of increasing patent infringement. That's why issues of patentability must include complete disclosure of specification claims even in the case foreign natural resources.
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Background

Biodiversity, biotechnology and traditional herbal science are specific subject-matters of knowledge and research which are meant for commercial prospects, trade and IPR application. Biodiversity is such a perspective which has a monetary, environmental, cultivated and enduring quality. Biological resources are indeed commercially useful for many industrial units of domestic and international entities in different pharmaceutical sectors. However, there are many commercial practices of biological resources, which are done with illegally and without permission of the regional competent authority. Biopiracy is one of the illegal and unwarranted commercial practices usually done through patenting procedure (Belsare, 2007).

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