From Biopiracy to Biojustice: Legal Reforms for Traditional Knowledge and Agrobiodiversity in India

Abstract

This paper critically examines the intersection of intellectual property rights, biodiversity and traditional agricultural knowledge in India. It addresses significant challenges posed by biopiracy, exploring legal conflicts, ethical dilemmas, and practical considerations inherent in harmonizing these domains. Key international instruments such as the Convention on Biological Diversity (CBD), the TRIPS Agreement, and the Nagoya Protocol are analyzed in context with India’s legislative framework, highlighting gaps and opportunities. Through concise analyses of prominent case studies—including the Basmati rice, Neem, and Turmeric patent disputes, as well as Bt Brinjal—the paper illustrates how the commercialization of traditional knowledge undermines biodiversity conservation and communal rights. It argues for a shift towards ‘biojustice’, advocating for stronger integration of community-based initiatives and innovative legal mechanisms, such as sui generis protections and benefit-sharing agreements. The paper recommends policy reforms that emphasize cross-sector collaboration, practical recognition of traditional knowledge within legal frameworks, and responsive regulation of technological advancements in agriculture. Ultimately, this analysis seeks to balance agricultural innovation with the ethical imperative to protect biodiversity and indigenous knowledge systems, thereby fostering a more equitable and sustainable agricultural future for India.