Biopiracy: How Intellectual Property Falls Short in Protecting Traditional Medicinal Knowledge

This article explores the pervasive issue of biopiracy and the inadequacies of existing intellectual property laws in protecting traditional medicinal knowledge. By analysing key cases such as the Turmeric, Neem, and Basmati Rice patent disputes, it highlights how IP frameworks, focused on individual ownership and novelty, fail to recognize the communal and inherited nature of indigenous knowledge. Global agreements, including the TRIPS Agreement and the Convention on Biological Diversity (CBD), have made strides, yet critical gaps persist, allowing corporations to patent and profit from resources that indigenous communities have long preserved. The article emphasizes the need for legal reforms that incorporate prior informed consent and equitable benefit-sharing to prevent the unchecked exploitation of traditional knowledge. It advocates for sui generis protections tailored frameworks that align with the values and structures of indigenous communities aiming to honour cultural heritage while addressing commercial interests. This work calls for a more inclusive IP system that not only safeguards traditional knowledge but ensures rightful recognition and benefits to indigenous communities, preserving their contributions to global health and biodiversity.