Biofabrication and Synthetic Biology in Medicinal Plants: Chapter 5 - Intellectual property right law and traditional knowledge of medicinal plants

The chapter begins with an analysis of the failures of intellectual property rights (IPR) systems in addressing the cases of traditional knowledge (TK) holders. Biopiracy cases highlight the phenomenon of companies or researchers exploiting Indigenous cultures and practices without any recognition or benefit-sharing. These cases illustrate the gaps in the available frameworks and the absence of adequate legal protection. This chapter traces the evolution of benefit-sharing protection from the Convention on Biological Diversity and the Nagoya Protocol toward the protection of TK. These protocols are aimed toward ensuring benefit-sharing, but their implementation remains heavily inconsistent.
The chapter elaborates on alternative methods to enhance the protection. Suggested actions include fostering community-based models, establishing appropriate sui generis systems for TK, and administering geographic indications coupled with defensive publication. The contribution of botanists gained prominence. They are responsible for the archival of practices, protection advocacy, and the promotion of equitable treaties with Indigenous People.
The chapter concluded by once again reaffirming the chapter’s central arguments, which are the preservation of culture and the resilience of community. Deepening the local culture and legal intelligence is the first step in ensuring that indigenous individuals can defend their ancestors and then equally share the benefits. The chapter concludes with a more flexible and socially responsible IPR framework—an IPR system that includes values greater than conventional knowledge, helps in the sustenance of biodiversity, and promotes social equality.