Harnessing Intellectual Property Rights for Endangered Species Conservation: Balancing Innovation with Biodiversity Protection

Sagnik Chakraborty *

Brainware University, West Bengal & Research Scholar at National Law University, Tripura, India.

Pratyayee Saha

Independent Researcher, B.A.LLB (Hons.) KIIT School of Law, KIIT Deemed to be University; LL.M Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur. India.

*Author to whom correspondence should be addressed.


Abstract

Protection of endangered species has now become an essential priority worldwide due to alarming rates of biodiversity destruction, largely because of habitat destruction, climate variation, pollution, and over-exploitation. Conventional conservation methods include protective legislation, habitat preservation, and international agreements. However, Intellectual Property Rights, hereinafter referred to as IPR, has emerged over the past few decades as an increasingly powerful yet complex tool for nature conservation. IPR can take the form of legal protections through the use of patents, trademarks, copyrights, and geographical indications that provide an incentive for the innovation and development of technologies that directly or indirectly assist in species conservation. Examples include Patents on the utilization of biotechnological innovations, such as genetically modified organisms engineered to increase the survival of threatened species, cloning, and cryopreservation techniques to preserve genetic material; and Trademarks to promote wildlife-friendly products.

While IPR has great potential to boost the course of conservation, it is by no means devoid of challenges. Some of the major issues include ethical issues regarding the commodification of varieties of life, rights to genetic resources, and benefits sharing with Indigenous communities and countries rich in biodiversity. It, therefore, requires a careful balance between the drive for innovation and the imperative to protect biodiversity, and international frameworks navigate the complexities arising-in particular, the Convention on Biological Diversity and the Nagoya Protocol. This paper discusses the intersection of IPR and conservation through an analysis of legal regimes governing the area, benefits, and challenges associated with IPR in conservation, and ethical debates shaping its application. The paper points out, through case studies and legal precedents, how IPR can be made to align with the bigger conservation goals so that protection accorded to endangered species is sustainable and yet encourages innovation.

Findings highlight that although IPR may act as a catalyst for technological advances supportive of conservation, it needs to be implemented with clear guidelines, ethical oversight, and strong international collaboration in order not to produce unintended consequences. The needed directions include the strengthening of regulatory frameworks, raising awareness, and equitable benefit-sharing to balance IPR with conservation goals. If managed judiciously, the ultimate synergy between IPR and conservation strategies promises to unleash innovations that could go a long way toward protecting and preserving the most threatened species of the world.

Keywords: Conservation, convention on biological diversity (CBD), endangered species, equitable benefit-sharing, genetically modified organisms (GMOs), habitat destruction


How to Cite

Chakraborty, S., & Saha, P. (2024). Harnessing Intellectual Property Rights for Endangered Species Conservation: Balancing Innovation with Biodiversity Protection. UTTAR PRADESH JOURNAL OF ZOOLOGY, 45(19), 196–206. https://doi.org/10.56557/upjoz/2024/v45i194517