PROTECTION OF BIODIVERSITY UNDER INTELLECTUAL PROPERTY SYSTEM FOR STRENGTHENING BIO-BASED ECONOMY

Abstract

The research on the protection of biodiversity resources under the intellectual property law system for the promotion of biological base economy was derived from the fact that Thailand must face economic problems from the biodiversity resource base of the community regardless concerning the criteria for sharing benefits for the community which is a problem that Thailand is currently considering. According to the mentioned issues, the researcher was aimed to study from the literature review on the role of intellectual property protection in the aspects that would help promote the bio-based economy along with sustainable conservation or utilization of biodiversity resources and local wisdom. In addition, the researcher studied and analyzed the international law related to the promotion of bio-based economy, including legal measures and government policies of foreign countries namely India, Australia and Japan. Furthermore, the researcher collected field data from both in-depth interviews and focus group discussions, which found that Thailand needs a specific law covering the formulation and enforcement of appropriate laws for Helping the community to express the right to enter into agreements allowing access and receiving benefits from biodiversity and wisdom resources. With respect to the patent law in Thailand, the definition of “microorganisms” should be clearly defined and should specify the biodiversity information and local wisdom that will be applied in applying for a patent in the patent application. Besides, the government sector should encourage the development of databases related to intellectual property, biodiversity resources and local wisdom to be convenient for the public for the benefit of promoting a sustainable base economy.