|
India is party to the Convention on Biological Diversity (CBD) 1992
which recognizes the sovereign rights of states to use their own
Biological Resources. In order to help in realizing the objectives
of CBD, India has enacted an umbrella legislation called the
Biological Diversity Act 2002 (No.18 of 2003) aimed at
conservation of biological resources and associated knowledge as
well as facilitating access to them in a sustainable manner.
In exercise of the powers conferred by
Sub-Section (1) (4) of Section 8 of the Biological Diversity Act,
2002 (18 of 2003), the Central Government has established a body
called the National Biodiversity Authority, on and from the
1st day of October, 2003. The main functions of the Authority are:
|
1. |
To lay down procedures
and guidelines to govern the activities provided under
Section 3, 4, and 6. (Permission to foreigners/NRI’s
foreign companies). |
|
2. |
Regulate activities,
approve and advice the government of India on research,
commercial, bio-survey and bio-utilization. |
|
3. |
Grant approval to
Section 3, 4 and 6. |
| |
 |
Certain
persons not to undertake Biodiversity related
activities without approval of National
Biodiversity Authority (Section 3) (Access to
biological resources or Associated knowledge). |
|
|
Results of
research not to be transferred to certain
persons without approval of National
Biodiversity Authority (Section 4) (Transfer
of Research Results). |
|
|
Application of
IPR rights not to be made without approval of
National Biodiversity Authority (Section 6)
(Seeking IPR). |
|
|
4. |
Certain persons not to
transfer of biological resource or knowledge without
approval of National Biodiversity Authority (Section 20)
(Third Party Transfer). |
|
5. |
Determination of
equitable benefit sharing arising out of the use of
accessed biological resources (Section 21). |
|
