Sharpening the Legal Tools to Overcome Biopiracy in Africa through Pro-Development Implementation of Normative International Standards: Lessons from Brazil, South African and India

This paper examines developments in combating biopiracy in three countries - Brazil, South Africa and India - representing three continents that share in common with many African countries, the endowments of a rich biodiversity and traditional knowledge system, while also falling within the group of developing countries. These countries therefore have a stake in ensuring the availability and utilisation of effective measures to curtail the incidence of biopiracy. The objective of this paper is to ascertain what lessons may be learned from initiatives in the three jurisdictions to strengthen the protection of biological resources and traditional knowledge. In particular, this paper undertakes a comparative analysis of the deployment of positive and/or defensive protection mechanisms under sui generis biodiversity laws as well as patent legislation by these countries, against the background of developments at different international fora relating to the protection of biological resources and traditional knowledge.