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Trending: Call for Papers Volume 4 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

THE INTERPLAY BETWEEN BIOPIRACY AND BIOPROSPECTING: IMPLICATIONS FOR SUSTAINABLE DEVELOPMENT AND BIODIVERSITY CONSERVATION – Anuj Dhar

ABSTRACT

This paper investigates the interconnected challenges and implications of biopiracy and bioprospecting within the contexts of sustainable development and biodiversity conservation. Focusing on the unauthorized exploitation of genetic resources and traditional knowledge from indigenous communities by corporate entities, this study highlights the pivotal role that traditional knowledge plays in the livelihoods and cultural heritage of these communities. Through detailed case studies, including the controversial patenting incidents involving neem and turmeric, the paper discusses the ramifications of such practices on biodiversity and indigenous rights. It examines the existing legal frameworks aimed at protecting these resources, notably the Convention on Biological Diversity (CBD) and the Nagoya Protocol, evaluating their effectiveness and the gaps in enforcement that persist. This analysis is framed within the broader discourse on the ethical dimensions of bioprospecting, the equitable sharing of benefits, and the urgent need for enhanced legal protections to safeguard both the environment and the rights of indigenous populations. The findings underscore the complexity of navigating between the potential benefits of bioprospecting for medical and technological advancements and the risks of biopiracy, advocating for a balanced approach that promotes ethical research practices and fair benefit-sharing mechanisms.