Article : Analysis Of India’s ABS Regime In Context Of Indigenous People And Local Communities


Analysis Of India’s ABS Regime In Context Of Indigenous People And Local Communities


Hasrat Arjjumen

The drastic change in intellectual property system and laws has raised an alarm, particularly in developing countries that have not traditionally practiced plant or animal patenting. Unabated biopiracy stimulated hot debates between technologically advanced countries and countries that are rich in biodiversity. With the advancement of science especially biotechnology and genetic engineering, it has become very difficult for countries to identify the possible instances of biopiracy. By promoting the use of genetic resources and associated traditional knowledge, and by strengthening the opportunities for fair and equitable sharing of benefits from their use, it is believed that the Nagoya Protocol binds the Parties to evolve their respective ABS legislation or administrative measures to regulate access to genetic resources and benefit sharing arising out of its commercial utilization. In accordance of Nagoya Protocol on ABS, India developed legislation and established statutory mechanisms. Present research paper is aimed at understanding primarily the recognition and space of indigenous people and local communities in domestic ABS regimes of India, and their participation/involvement in processes of international negotiations and domestic law making. 

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