The Quest
for Equity and Efficiency
in the Use of Plant Genetic Resources
Shivani Chaudhry
An inordinately large share of the world's biodiversity is concentrated in developing nations, often referred to as the South. The "technology-rich" North over the years, has evolved mechanisms to gain access to the plant diversity of the "gene-rich" South. Some of these mechanisms however, are now being used against the interests of indigenous communities who live in areas of high biological and cultural diversity. This thesis focuses on the conflicts that arise from the unique distribution and nature of plant genetic resources.
The term "biopiracy" was coined in 1994 to explain the phenomenon whereby resources are appropriated from source countries, utilized for developing commercial products, and then privatized with instruments like intellectual property rights. Biological piracy or biopiracy refers to the use of biological material or information without permission or payment. This creates two issues of contention. First, the nominal amount of effort expended, and the use of indigenous knowledge by private corporations does not justify getting rights to the entire resource, and second, the nature of such a private right excludes those who were formerly benefiting from use of the resource.
The primary aim of my thesis is to ascertain the most feasible mechanism that would ensure conservation of biodiversity resources, allocation of the rightful benefits arising from the use of plant resources to indigenous peoples, and the progress of scientific and medical research. The central question of my thesis is to determine how a balance between the goals of efficiency and equity in the use of plant genetic resources can be attained. This dissertation attempts to isolate the causes of the problem -- the appropriation of biological resources and information -- and endeavors to propose plausible solutions that would achieve the dual goals of equity and efficiency. I have analyzed existing and proposed alternative models and developed an integrated paradigm of 'tempered governance' that requires cooperation between communities and the State to achieve the desired outcomes. A balanced model aimed at achieving these goals would necessitate a three-pronged approach, which would deal with guaranteeing rights, assuring benefit distribution, and creating legislative support to ensure realization.