| dc.description.abstract | Bio piracy could be identified as the process of claiming patents to restrict the general use of exploited plants and animal species for the purposes of bio prospect. This process is interrelated to the principle of intellectual piracy which the world considered it as an international principle to be applied irrespective of the different protections provided under the Domestic Law. The Agreement on Trade Related Aspects Of Intellectual Property Rights (TRIPS),as the international legal framework which provides standard for the intellectual property right has created a conflict of interests among developed and developing countries, with regard to the protection of biological resources and traditional knowledge of countries. The main objective of this research is to analyze the misappropriation of the propriety right by the developed countries over the biological resources in the developing countries, special reference to the Sri Lankan context, within the framework of TRIPS. The research problem is to identify the contentious discard between the International Laws and Domestic Laws in relating to protection of intellectual property rights involved in ‘Bio Piracy’ in Sri Lanka and how such dissension of laws has created the conflict between environmental interests and economic interests of the country. This research will also analyze the legal and practical issues relating to implementation of both domestic and International Laws in protecting the intellectual rights of biological resources in Sri Lanka. The research also would engage in analysis of the provision of TRIPS Agreement which have created serious challengers relating to the rights in area of bio diversity in Sri Lankaand how such provisions have exceeded the applicability of relevant domestic legal regime. Moreover, the focus of this research would also inlcude the significance of developing a sui generis intellectual rights of biological syetem to ptotect the resources in Sri La,nka with the objective of critically analyzing of how to develop a domestic legal framework which amalgamate with the TRIPS Agreement .The research methodology of the research would involve the legal research methodologyand it is based on qualitative data obtained by primary sources including statutes, international instruments and constitutional provisions. The secondary sources of law which involve in the research will be scholary articles and text books. | en_US |
