Biological Resources, Indigenous Rights, and Judicial Accountability: The Evolving Anti-Biopiracy Jurisprudence by Indian Courts

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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.