Issue Description


Authors : Rohini Fuladi

Page Nos : 477-482

Description :
Biodiversity was measured a common property till 20th century. With the evolution of new technologies and the rise of the Fourth Industrial Revolution, Intellectual Property is becoming increasingly influential. Major countries around the world are making efforts to build an international cooperation system based on IP, to enhance the competitiveness of companies and revitalize industrial economy in their own countries. The gravity of biological resources as sovereign rights to healthcare, energy & food has sparked international discussions on GRs and TK. As the bio-industry progresses, research and developments utilizing patented biological resources are advocated, generate need for stable preservation of patented biological resources. As per international regulatory instrument of UN on Biodiversity, the biodiversity of a nation is its sovereign property and nobody can access it without prior approval of the holders of the biodiversity. But in the recent past, there have been growing disputes dealing with ownership, control, and access and benefit-sharing between indigenous peoples and users. Dispute resolution is very critical to the stakeholders and the third-party users. Due to the weakness of the current IP and court system, however, such disputes are not addressed adequately. The WIPO ADR Centre, help parties in resolving dispute arising in the area of biodiversity, without the need for court litigation, by advice and case administration services.

Date of Online: 30 Jan 2023