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CHAPTER - II
Regulation of Access
to Biological Diversity
Certain persons not to undertake Biodiversity related activities
without approval of National Biodiversity Authority
3. (1) No person referred to in sub section (2) shall, without
previous approval of the National Biodiversity Authority, obtain
any biological resource occurring in India or knowledge
associated thereto for research or for commercial utilization or
for bio survey and bio utilization.
(2) The persons who shall be required to take the approval of
the National Biodiversity Authority under sub section (1) are
the following, namely:
(a) a person who is not a citizen of India;
(b) a citizen of India, who is a non resident as defined in
clause (30) of section 2 of the Income tax Act, 196 1;
(c) a body corporate, association or organization-
(i) not incorporated or registered in India; or
(ii) incorporated or registered in India under any law for the
time being in force which has any non Indian participation in
its share capital or management.
Results of research not to be transferred to certain persons
without approval of National Biodiversity Authority
4. No person shall, without the previous approval of the
National Biodiversity Authority, transfer the results of any
research relating to any biological resources occurring in, or
obtained from, India for monetary consideration or otherwise to
any person who is not a citizen of India or citizen of India who
is non resident as defined in clause (30) of section 2 of the
Income tax Act, 1961 or a body corporate or organization which
is not registered or incorporated in India or which has any non
Indian participation in its share capital or management.
Explanation. For the purposes of this section, "transfer" does
not include publication of research papers or dissemination of
knowledge in any seminar or workshop, if such publication is as
per the guidelines issued by the Central Government.
Sections 3 and 4 not to apply to certain collaborative research
projects
5.(1) The provisions of sections 3 and 4 shall not apply to
collaborative research projects involving transfer or exchange
of biological resources or information relating thereto between
institutions, including Government sponsored institutions of
India, and such institutions in other countries, if such
collaborative research projects satisfy the conditions specified
in sub section (3).
(2) All collaborative research projects, other than those
referred to in sub section (1) which are based on agreements
concluded before the commencement of this Act and in force
shall, to the extent the provisions of agreement are
inconsistent with the provisions of this Act or any guidelines
issued under clause (a) of sub section (3), be void.
(3) For the purposes of sub section (1), collaborative research
projects shall-
(a) conform to the policy guidelines issued by the Central
Government in this behalf;
(b) be approved by the Central Government.
Application for intellectual property rights not to be made
without approval of National Biodiversity Authority
6.(1) No person shall apply for any intellectual property right,
by whatever name called, in or outside India for any invention
based on any research or information on a biological resource
obtained from India without obtaining the previous approval of
the National Biodiversity Authority before making such
application.
Provided that if a person applies for a patent, permission of
the National Biodiversity Authority may be obtained after the
acceptance of the patent but before the sealing of the patent
by the patent authority concerned:
Provided further that the National Biodiversity Authority shall
dispose of the application for permission made to it within a
period of ninety days from the date of receipt thereof.
(2) The National Biodiversity Authority may, while granting the
approval under this section, impose benefit sharing fee or
royalty or both or impose conditions including the sharing of
financial benefits arising out of the commercial utilization of
such rights.
(3) The provisions of this section shall not apply to any person
making an application for any right under any law relating to
protection of plant varieties enacted by Parliament.
(4) Where any right is granted under law referred to in sub
section (3), the concerned authority granting such right shall
endorse a copy of such document granting the right to the
National Biodiversity Authority.
Prior intimation to State Biodiversity Board for obtaining
biological resource for certain purposes
7. No person, who is a citizen of India or a body corporate,
association or organization which is registered in India, shall
obtain any biological resource for commercial utilization, or
bio survey and bio utilization for commercial utilization except
after giving prior intimation to the State Biodiversity Board
concerned:
Provided that the provisions of this section shall not apply to
the local people and communities of the area, including growers
and cultivators of biodiversity, and vaids and hakims, who have
been practicing indigenous medicine.
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