Regulation on Access and Utilization of Biodiversity in India; Lesson Study for Indonesia
The correlation between intellectual property rights (IPR) protection and biodiversity conservation, particularly problems related to access and the use of biodiversity has inspired biodiversity rich country like India to provide national legal framework to address those problems. India has issued Biodiversity Act of 2002 in response to its commitment to implement the Convention on Biological Diversity (CBD) and the Nagoya Protocol. This Act was enacted not only to govern biodiversity, but also to prevent the practice of biopiracy. Although Indonesia is one of the richest countries on biodiversity, the legal framework to protect and manage the use of its biodiversity in accordance with CBD’s principles is lack of sufficient. The objective of this research is to analyze the Indian law on regulating access to and the use of biodiversity derived from its territory, and whether such law capable of preventing biopiracy. This research focuses on three aspects of the law that are: access and benefit sharing rules, documentation of genetic resources for defensive protection, and India’s experience in challenging patent rights granted through litigation. The most important part of this research is the lessons learned from India which can be implemented in Indonesia facing similar problem.