DECONSTRUCTING BIOPIRACY: AN ANALYSIS OF INTERNATIONAL INTELLECTUAL PROPERTY TREATIES THROUGH THE LENS OF LANDMARK CASE LAW

The rapid growth of biotechnological innovation has led to a global confrontation between Western intellectual property (IP) regimes and indigenous and local groups' traditional knowledge (TK). This work deconstructs biopiracy, which is the unethical acquisition of biological resources and associated knowledge without consent or fair recompense. This study identifies legal loopholes used by multinational corporations by analysing the tension between the TRIPS Agreement and the Convention on Biological Diversity (CBD), as well as examining the 2024 WIPO Treaty on Genetic Resources and Associated Traditional Knowledge. The study advocates for a paradigm change from individualistic property rights to an inclusive framework that respects collective stewardship and indigenous sovereignty by delving into key case law, such as the Neem, Turmeric, Basmati, Enola Bean, and Hoodia disputes.