Enumeration of IPR-Related Cases of Bio-Prospecting Indian Bio-Resources

This article provides a comprehensive enumeration and analysis of intellectual property rights (IPR) cases about bio-prospecting activities involving Indian bio-resources. Bio-prospecting, the exploration of biodiversity for potential commercial applications raises complex legal and ethical questions, particularly concerning the protection of traditional knowledge and the equitable sharing of benefits (Drahos, 2000; Gebru, 2017). In the Indian context, where biodiversity and traditional knowledge are rich and diverse, numerous legal disputes and controversies have arisen. This study examines notable cases that have shaped the landscape of IPR and bio-prospecting in India (Gebru, 2018). It delves into cases involving patents, trademarks, and copyrights related to products derived from Indian bio-resources, as well as instances of biopiracy where foreign entities have been accused of exploiting indigenous knowledge and genetic resources without proper authorisation (Pordié, 2012; Soejarto et al., 2005). The analysis underscores the significance of India’s legal and policy framework, including the Biological Diversity Act of 2002 and 2023. Enumerating and examining these IPR-related cases, this article contributes to a deeper understanding of the evolving legal dynamics surrounding bio-prospecting in India. Ultimately, the article seeks to inform policymakers, researchers, and stakeholders about the complexities and on-going developments in this critical intersection of law, bio-resources, and intellectual property.