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Biological Diversity Overview

The Convention on Biological Diversity (CBD)

The year 1992 is the landmark year for introducing the concept to protect traditional knowledge and biodiversity. The Convention on Biological Diversity (CBD) agreement is applicable at national and international level. India has adopted this agreement which has taken into account various aspects of biological diversity.

Objectives

  • Conservation of biological diversity
  • Sustainable use of its components (genetic resources)
  • Fair and equitable sharing of benefits arising from its use

Articles related to above said objectives of CBD are

  • Article 1 - fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including access to genetic resources, appropriate transfer of technologies, considering all rights over those resources to technologies and appropriate funding.
  • Article 8(j) - provision to encourage the equitable sharing of the benefits arising from utilization of knowledge, innovations and practices of indigenous and local community embodying traditional lifestyles relevant for conservation and sustainable use of biological diversity

The Biodiversity Act, 2002 (BDA)

This Act is applicable to India. It enforced prior approval of National Biodiversity Authority (NBA), which was established on 1st October, 2003, before applying for any kind of intellectual property rights (IPRs) based on any research or information on a biological resource obtained from India. The National Biodiversity office is located at Chennai, India.

National Biodiversity Authority exempts the use of biological resources for carrying out research.

It is mandatory to seek permission of the NBA if the use of research is for commercial purpose or any foreign institute or if any foreign institute wants to access biological resource.

Salient features of NBA

The objectives of the NBA are provided as follows

  • Section 6 provides that anybody seeking any kind of intellectual property rights on a research based upon biological resource or knowledge obtained from India; need to obtain prior approval of the NBA. The NBA will impose benefit-sharing conditions
  • Section 18(iv) stipulates that one of the functions of National Biodiversity Act (NBA) is to take measures to oppose the grant of IPRs in any country outside India on any biological resource obtained from India or knowledge associated with such biological resource
  • For ensuring equitable sharing of benefits arising from the use of biological resources and associated knowledge, Sections 19 and 21 stipulate prior approval of the National Biodiversity Authority (NBA) before their access. While granting approval, NBA will impose terms and conditions, which secure equitable sharing of benefits
  • Section 36(iv) provides protection to the knowledge of local people relating to biodiversity through measures such as registration of such knowledge, and development of a sui generis system.

Transfer of biological resource or knowledge

According to Section 20,

  • No person who has been granted approval U/s 19 shall transfer any biological resource or knowledge associated thereto which is the subject matter of the said approval except with the permission of the National Biodiversity Authority
  • Any person who intends to transfer any biological resource or knowledge associated thereto shall make an application in a form as prescribed to the National Biodiversity Authority
  • On receipt of an application, the National Biodiversity Authority grants approval after making enquiries subject to certain terms and conditions including the imposition of charges by way of royalty or for reasons to be recorded in writing, reject the application provided that no such order for rejection shall be made without giving an opportunity of being heard to the person affected
  • The NBA gives public notice of approval granted under this section

Access to biological resources and associated traditional knowledge

For seeking prior approval to access, use and / or transfer of biological resources for pure research or commercial purposes, following application forms are to be filled in and submitted at Chennai office, India.

Forms Description / Category Fees (Indian Rupees)
Form I Application for access to Biological resources and associated traditional knowledge 10,000 = 00
Form II Application for seeking prior approval of National Biodiversity Authority for transferring the results of research to foreign nationals, companies, NRI`s, for commercial purposes 5,000 = 00
From III Application for seeking prior approval of National Biodiversity Authority for applying for Intellectual Property Right 500 = 00
From IV Application form for seeking approval of National Biodiversity Authority for third party transfer of the accessed Biological resources and associated traditional knowledge 10,000 = 00