Biopiracy and Access to Biological Resources: International Law Perspective

Abstract

                   This article deals with the issue of biopiracy from the perspective of international law. It examines in detail the leading international instruments in this field, the Biodiversity Convention and the Bonn Guidelines that were adopted by the parties to the Convention to facilitate access to biological resources and to ensure the fair sharing of benefits from its access. It is noted that even though conservation of nature was one of the moving forces for international law in regard to biodiversity, the international law is now determined mainly by intellectual property considerations. The author attempts to examine the fundamental principles which lie at the foundation of the international law on biodiversity: patentability, ownership, access and distributive justice. He concludes that international law fails to give proper attention to the ethical concerns of traditional communities.