Dialectics of Biodiversity Law and Intellectual Property Law

Abstract

This paper seeks to explain and examine the dialectics of biodiversity law and intellectual property law, and aims to fill some void in the (Indian) biodiversity and intellectual property literature. Paper proceeds in five sections. Section one introduces the topic and its significance. Section two seeks to identify the dimensions of dialectics of biodiversity and intellectual property laws. Section three seeks to explain and examine the relationship between biodiversity law and intellectual property law with the help of a diagram. Section four explains and examines the relationship of biodiversity law and intellectual property law in the light of the relevant provisions of the Biological Diversity Act, 2002 and the Biological Diversity Rules, 2004; and develops an argument that the Indian law does not prohibit intellectual property protection of bio-resources and knowledge associated thereto rather it only seeks to regulate the intellectual property protection of bio-resources and knowledge associated thereto. Section five concludes and makes certain suggestions for amendment in the Biological Diversity Act, 2002.