ABSTRACT
The intersection of biodiversity, traditional knowledge, and intellectual property rights represents a critical and complex global challenge that demands innovative scholarly attention. This study critically evaluates the complex issues surrounding the protection of intellectual property rights over traditional knowledge relating to biological resources, delving into the intricate legal, ethical, and cultural factors that create challenges for current protection frameworks.
Representing thousands of years of knowledge built up by indigenous and local communities, traditional knowledge systems embody deep approaches to ecological understanding and sustainable living. Yet these knowledge systems are subjected to unprecedented attacks from global intellectual property frameworks that fail to properly acknowledge their unique nature, value and principles of collective ownership. Research explores the structural incompatibilities of Western intellectual forms with indigenous modes of knowledge management, illuminating systemic chasms that maintain patterns of biopiracy and economic exclusion.
This paper examines the international normative framework established to date, including the Convention on Biological Diversity and the Nagoya Protocol.[1] It also shows how the multiple existing intellectual property regimes do not always afford meaningful protection to followers of traditional knowledge, thus exposing indigenous communities to unfair biopiracy and economic exploitation.
The study offers unique and alternative policy recommendations, the research seeks to foster broader, more inclusive discussions about intellectual property rights in biodiversity conservation by incorporating legal, ethical, and community-focused analyses and perspectives, thereby encouraging recognition of the intrinsic value and importance of protecting traditional knowledge within such frameworks.
INTRODUCTION
Planetary sustainability depends critically on biodiversity which weaves together all living creatures from multiple ecosystems with genetic and ecological diversity. The scientific definition describes biodiversity as natural variability present among all life forms originating from terrestrial and marine and aquatic environments but scientists understand it encompasses the complicated life-sustaining ecological interactions which exist on Earth.[2] The concept contains three primary elements that combine species’ genetic variety with ecosystem species diversity and habitat and landscape ecological diversity which work together to protect the planet’s environmental stability and increase its overall robustness.
Traditional knowledge serves as a fundamental preservation system because indigenous and local communities developed it throughout centuries as an advanced ecological management technique. Through centuries of close ecological knowledge accumulation local communities have developed sophisticated systems which teach precise ecological logic together with protective species preservation methods along with sustainable resource management practices.[3] Indian indigenous communities have built substantial navigational skills in ecosystem equilibrium maintenance along with elaborate agricultural systems and medicine knowledge and preservation approaches which prove more effective than present-day scientific methods due to their inclusive nature. The Toda tribe residing in Indian mountain ranges of Nilgiri alongside central and northeastern Adivasi populations safeguard rich biodiversity areas with traditional agricultural methods combined with forest management strategies.[4]
Access and Benefit Sharing (ABS) mechanisms function as a fundamental policy structure which regulates equal resource utilization of genetic materials and traditional wisdom. These mechanisms in India receive special attention through legislation that includes the Biological Diversity Act of 2002[5] combined with the establishment of the National Biodiversity Authority. The ABS framework establishes a system to provide open access for genetic resources and traditional knowledge along with equal distribution of profits obtained from their application. India adopts a strategy that safeguards indigenous community rights by requiring both informed consent before commercial bio resource exploitation and fair monetary shared benefits along with non-monetary sharing. This approach demonstrates a future-focused method to protect cultural heritage of traditional knowledge bearers while creating systematic processes against unauthorized biopiracy and resources conservation.
The global challenge of biodiversity conservation requires complete interdisciplinary examination because traditional knowledge joins forces with Access and Benefit Sharing processes. This investigation evaluates the legal aspects together with ethical considerations and practical management of intellectual property rights regarding biological and cultural diversity.
[1] Tobin, B. (2013). Protecting Indigenous Peoples’ Traditional Knowledge in the Intellectual Property System
[2]Berkes, F. (1999). Sacred Ecology: Traditional Ecological Knowledge and Resource Management
[3] Toledo, V. M. (2002). Ethnoecology: A Conceptual Framework for the Study of Indigenous Knowledge of Nature.
[4]Agrawal, A. (1995). Dismantling the Divide Between Indigenous and Scientific Knowledge
[5]Government of India. (2002). Biological Diversity Act, No. 18 of 2002