Remedying the misappropriation of genetic resources

Remedying the misappropriation of genetic resources Book Section

Intellectual Property Issues in Microbiology

  • Author(s): Blakeney, Michael
  • Secondary Author(s): Singh, Harikesh Bahadur, Keswani, Chetan, Singh, Surya Pratap
  • Published: 2019
  • Publisher: Springer Singapore
  • ISBN: 978-981-13-7466-1

Abstract: In the absence of an effective international legal regime to regulate biopiracy, a second-best solution is for source countries to regulate access to their genetic resources. Among the pioneering legislation in this regard is the Indian Biodiversity Act of 2002. This legislation seems to accord with world’s best practice of nesting bioprospecting within the broader environmental legal framework which will allow a greater degree of certainty. Similarly South Africa has enacted its National Environmental Management: Biodiversity Act, 2004, which regulates bioprospecting, within the framework of the National Environmental Management Act, 1998. The slow evolution of an international legal regime to deal with the biopiracy of genetic resources is now threatened with obsolescence as it now becomes possible to assemble DNA sequences in a laboratory. Those genes can be accessed in public databases without the necessity to access biological material from source countries. In 2016 the Conference of Parties of the Convention on Biological Diversity (CBD CoP) has begun meeting to consider how the Nagoya Protocol might be modified to deal with biopiracy and synthetic biology.

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Blakeney, Michael, 2019, Remedying the misappropriation of genetic resources, Book Section, viewed 18 August 2022,

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