BIOLOGICAL RESOURCES, INDIGENOUS RIGHTS, AND JUDICIAL ACCOUNTABILITY: THE EVOLVING ANTI- BIOPIRACY JURISPRUDENCE BY INDIAN COURTS

Abstract

Biopiracy has emerged as a global topic attracting debates over unjust usage and infringement
of traditional knowledge. India, being a rich ecological nation, has encountered the problem of
biopiracy for many years. As per international mandates, the Biological Diversity Act 2002,
Patent Act 1970 and TKDL work as the statutory framework to curb biopiracy. In addition, the
Indian judiciary acts as the gatekeeper for the protection and preservation of our ecosystem.
The present study adapts a thematic approach to interpret six of the latest landmark judgments
to understand the systematic approach of Indian courts in recent times on biopiracy. The
objective of the study is to move beyond landmark disputes of Neem, turmeric and basmati
rice and gain insight into a new thread of anti-biopiracy approach adopted by Indian courts.
The judiciary has given the widest interpretation to preserve traditional knowledge and
ethnicity by expanding horizons of benefit sharing, state responsibility, expert opinions and
clarity on domestic liability in matters of commercial utilisation of ethic knowledge. The
research is a base for future research to develop prudent theories and principles, as now the
nation is heading towards a justice-based system in biopiracy norms, where preservation and
commercialisation are taken together to decide the dispute.