BIO-PIRACY: AN ANALYSIS INTO THE THEFT OF TRADITIONAL KNOWLEDGE

Abstract

Bio-piracy can be described as grant of wrong patents to invention that are neither novel nor inventive having regard to TK already in public domain. Such patents may be granted due to the lack of documentation or recognition of TK as a prior art. Bio piracy may also happen in cases where patents are granted according to the existing national legislations which does not recognize certain form of public disclosure  as prior art as in the case of USA. Bio piracy has now emerged as a term to describe the free ride of corporations of developed nations over the genetic resources and TK of developing countries. Bio piracy is thus misappropriation of genetic resources or related TK through the patent system. Bio piracy is not just a matter of law it is one of morality and of fairness. It is more like exploitation of resources of a community which lack development. Bio-piracy can be regarded as double theft because firstly it allows theft of creativity and innovation and secondly it establishes exclusive rights on stolen knowledge and steal economic options of every day survival of indigenous communities on the basis of their common knowledge.But we must  note that such cases of grant of wrong patents and their subsequent revocation had led to more debate in this area and thereby development of new initiatives like TK digital libraries which provides for  documentation of TK .