Study on protection of Intellectual Property Rights, with Special Reference to Protection of Biodiversity, Traditional Knowledge of Indigenous People in India and Sustainable Development
The world can be divided into two parts based on the availability of rich biodiversity and the lesseravailability of such biodiversity. Biodiversity consists of flora, fauna, animals, insect species, etc.from small bacteria to huge animal, it includes everything. Human conduct is causing threat tobiodiversity. It is resulting into extinction of certain species of plants and animals. India is rich inbiodiversity having the culture of protecting environment. Extinction of certain species is natural inevolution of nature. However, when human being is responsible for extinction, it may cause seriousthreat to his existence. Biodiversity can be seen to be distributed in India in Himalayas, GangeticPlains, deserts, and on Eastern and Western Ghats. It has been observed by World ConservationMonitoring Centre (WCMC) that a million plus out of 5–10 million species on the earth areeliminated due to bio pressure. Forests, medicinal flora, domestic animals, and marine biodiversityneed protection on priority. Even the WHO has started study, documentation, and testing of populartribal remedies. At national level for the protection of biodiversity, Convention on Biodiversity andNational Level Indian Biodiversity Act, 2002 plays an important role. At global level, we needsafeguards to protect biodiversity and the traditional knowledge of indigenous people who conservebiodiversity through their skill and knowledge about environment. Majority of indigenous people evenare not aware that their traditional knowledge regarding medicinal plants are their intellectualproperty rights. In majority of cases, the rights of such indigenous people in developing countries areviolated by exploitation of their IP rights by developed nations having advanced technology but lesswith biodiversity. This article deals with the concept of biotechnology, threat to biotechnology, needof protection of biodiversity, and sustainable development. It also deals with IP protection to differentplant varieties, microorganisms, different laws dealing with protection of biodiversity, and mostimportantly rights of Indigenous people in protection of their traditional knowledge, etc.
