ABSTRACT
This chapter draws attention to the tension between the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and the Convention on Biological Diversity (CBD), and critically analyzes the proposed amendments made by bio-rich countries, including India, relating to the problem of bio-piracy and responses to such proposals by some developed countries. It highlights that though the CBD has been made to provide access and benefit sharing on biological diversity, the TRIPS Agreement is not in consonance and coordination with the CBD. The chapter stresses the need to bring harmony in these two conflicting international agreements and hails the proposed amendment incorporating a genetic resource disclosure requirement which would be a significant step towards the protection of the owners of genetic resources.
