Private Intellectual Property Rights on Biodiversity and Recognition of Community Rights: A Conflict between CBD and Trips along with Indian Perspective s
Amity University Rajasthan, India.
Volume III, Issue V, 2020
This article sets out to discuss the conflict between the Intellectual Property Rights Agreement (TRIPs), 1995 and the Convention on Biological Diversity (CBD), 1992. Further this article also sets to analyze grounds for the existing conflict between both and grounds for such conflict. The main principle of this convention is that the local communities who are dependent from the biodiversity on their area must benefit from it and the emphasis on community as a whole is one generating grounds for conflict with TRIPs as TRIPs concerns itself with individual IP rights rather than communal. This article focuses on the two principles namely community rights and private intellectual property rights, upon which the CBD and TRIPs are founded respectively and which became the root cause of this ever growing conflict. Further this article also discusses the Indian stand as a developing nation in this conflict by analyzing the Biodiversity Act, 2002 and the Patents Act, 2005.
Keywords: CBD, TRIPs, Biodiversity, Patent