Access and benefit Sharing Arrangements under Bio-Diversity Act, 2002
As per the access and benefit sharing arrangements provided under the Biological Diversity Act, 2002 and Rules 2004, any foreign individual, institution or company desiring access to biological resources occurring in India or knowledge associated thereto for research, commercial utilisation or biosurvey and bioutilisation is required to seek prior approval of the National Biodiversity Authority (NBA). When granting approvals, NBA enters into benefit sharing agreement with the applicant imposing conditions which secure equitable sharing of benefits arising out of the use of biological resources and associated knowledge. These benefits may either be monetary or non-monetary in nature. Further, NBA approval is also required before seeking any intellectual property rights based on biological resource and associated knowledge obtained from India. This was stated by Shrimati Jayanthi Natarajan Minister of State (Independent Charge) for Environment and Forests, in a written reply to a question in the Rajya Sabha today.
The Minister further stated that the access and benefit sharing arrangements provided for in the Biological Diversity Act are broadly in compliance with the provisions of the Nagoya Protocol on Access and Benefit Sharing, and would not require any amendment
RM/RS- USQ3105 - RS