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Research Paper | Law | India | Volume 14 Issue 3, March 2025 | Popularity: 4.8 / 10
A Critical Analysis of Intellectual Property Rights and the Legal Regulation of Invasive Alien Species
S. Sanchana
Abstract: Two important but frequently contradictory areas of law are intellectual property rights and the regulation of invasive alien species. IPRs encourage innovation in genetic engineering, biotechnology, and agriculture, especially patents and plant breeders' rights however, may also make it easier for non - native species to be introduced and commercialized some of these species may become invasive and endanger regional ecosystems, agriculture, and biodiversity. The relationship between IPRs and IAS regulation is critically examined in this study, emphasizing the ethical, legal, and environmental issues that emerge when biological resource property rights clash with environmental sustainability and biodiversity preservation. How intellectual property rights (IPRs) promote the creation and international trade of genetically modified organisms (GMOs), exotic crops, and bioengineered species, In spite of international legal frameworks like the Agreement on Trade - Related Aspects of Intellectual Property Rights (TRIPS) and the Convention on Biological Diversity (CBD), there are still gaps in the effective regulation of the environmental concerns associated with the spread of IAS. The study evaluates how well national and international legal frameworks take into consideration the unforeseen repercussions of awarding exclusive rights over potentially invasive species, This Article also looks at case studies and legal precedents where problems between IAS management and intellectual property protection have surfaced, this study assesses policy suggestions that can balance biodiversity preservation with incentives for innovation. These include improving governmental monitoring of the marketing of alien species, including IAS risk evaluations into patenting procedures, and bolstering global collaboration to stop the introduction of dangerous species. The study emphasizes the necessity of legal changes that balance intellectual property rights with ecological resilience by using a multidisciplinary approach, making sure that advancements in technology do not come at the expense of environmental deterioration. In the end, this study supports a well - rounded strategy that encourages both efficient IAS management and intellectual property protection, making sure that legal frameworks are strong enough to protect ecosystems while encouraging innovation in biotechnology and agriculture.
Keywords: Biotechnology, Biodiversity Preservation, Genetically Modified Organisms, Environmental Sustainability and Risk Assessment
Edition: Volume 14 Issue 3, March 2025
Pages: 266 - 271
DOI: https://www.doi.org/10.21275/SR25306115919
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