Reconciling Biodiversity Conservation and Traditional Knowledge Rights: Assessing Karnataka’s Legal Framework for Medicinal Plants in the Era of Bio-piracy and Sustainable Development

Abstract

The study critically discusses the legal framework provided by Karnataka to protect biodiversity conservation and medicinal plants, especially concerning the protection of traditional knowledge, bio-piracy, access and benefits sharing and sustainable development. The study uses a doctrinal, qualitative, analytical, and comparative legal research approach to analyse applicable statutory clauses, subordinate laws, international tools, institutional processes and judicial rulings. The study mainly analyses the Biological Diversity Act, 2002, Biological Diversity (Amendment) Act, 2023, Biological Diversity Rules, 2024, Karnataka Biological Diversity Rules, 2005, Patents Act, 1970, Convention on Biological Diversity, and Nagoya Protocol, and other related institutional and judicial materials. The results indicate that Karnataka has established multi-layered legal and institutional frameworks that involve biodiversity conservation, sustainable utilisation, protection of intellectual property, access and benefits sharing, Biodiversity Management Committee, People Biodiversity register, and Traditional Knowledge digital library. There are however gaps in institutional co-ordination, identification and inclusion of knowledge bearers, documentation, legal consciousness and the laws, commercial utilisation and enforcement, and adequate application of benefit-sharing systems.