Settlement Of Biopiracy Disputes: Is The WTO An Eligible Forum

Abstract

In 2001, the World Intellectual Property Organization Intergovernmental Committee (WIPO IGC) set out to create an international legislature for the regulation of traditional knowledge and genetic resources (TKaGR). More than two decades later, the legislative process is still inconclusive. One of the most significant indigenous problem this law would have addressed, is the scourge of biopiracy. Biopiracy encompasses a wide range of practices including unauthorized access, uncompensated use and unjust enrichment from TKaGR. Currently, TKaGR custodians have the option of seeking redress at national courts under diverse IP headings and unfair competition as the facts of each biopiracy case dictates. This article will examine the basis for initiating a settlement at the World Trade Organization Dispute Settlement Body (WTO DSB), appropriate case categorization, possible remedies and likelihood of success.