Seybold Report ISSN: 1533-9211
Prof. (Dr.) Ashish Verma Dean, School of Law, IMS Unison University, Dehradun
Dr. Satish Kumar Mishra Assistant Professor, School of Law, IMS Unison University, Dehradun
Dr. Munish Swaroop Assistant Professor, School of Law, IMS Unison University, Dehradun.
Dr. Vivek Shukla Assistant Professor, School of Law, IMS Unison University, Dehradun.
Dr. Girish Chandra Rai Principal, Institute of Law and Research, Jasana, Faridabad, Haryana
Vol 17, No 10 ( 2022 ) | DOI: 10.5281/zenodo.7213176 | Licensing: CC 4.0 | Pg no:1842-1860 | Published on: 14-10-2022
Abstract
Biodiversity, the natural biotic capital of the earth, is fundamental to the fulfilment of human needs and vital for the survival of this planet. Biodiversity is essential for maintaining the ecological functions, including stabilizing of the water cycle, maintenance and replenishment of soil fertility, pollination and cross-fertilization of crops and other vegetation, protection against soil erosion and stability of food producing and other ecosystems. Conservation of biological diversity leads to conservation of essential ecological diversity to preserve the continuity of food chains. However, biodiversity is being increasingly threatened globally on account of various factors. The Conservation of biological diversity and its sustainable development is essential for the maintenance of ecosystem and protection of environment of this earth.
One key issue that has dominated the Convention on Biological Diversity landscape globally and the implementation of the Biodiversity Act,2002 domestically is that of Access, and with it, Benefit sharing, together referred to in the Convention on Biological Diversity as Access and Benefit Sharing. The government’s guidelines on access and Benefit sharing notified in 2014 have only marginally added to what the act and its rules lay down. Moreover, the issues relating to biodiversity conservation law and policy in India are very complex and are still evolving especially in the context of Access and Benefit Sharing and associated traditional knowledge. This Paper is an attempt analyse the available legal framework on Biodiversity and the author(s) also seeks to explore the interplay of access and benefit sharing with the legal framework of intellectual property right with an attempt to harmonize the two.
Keywords:
Biodiversity, Sustainable Development, Access and Benefit Sharing and Traditional Knowledge.