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INDIAN BIODIVERSITY LAW

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.L Dr.M.K.RAMESH
PROFESSOR OF LAW
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I.BACKGROUND FOR AND OBJECTS OF THE LAW
ON BIODIVERSITY IN INDIA
• CONSERVATION; SUSTAINABLE USE; EQUITY IN ACCESS AND SHARING OF
BENEFITS- ARISING FROM THE USE OF THE RESOURCE AND THE

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EMPLOYMENT OF KNOWLEDGES ASSOCIATED WITH THEM
• FULFILMENT OF INTL. OBLIGATIONS
• CODIFICATION AND CONSOLIDATION OF LAWS AND PRACTICES

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• PREVENTION OF PIRACY; ENSURING SAFETY AND SECURITY
• ASSERTION AND PROTECTION OF SOVEREIGN RIGHTS AND INTERESTS.[-it
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is “equity” in sharing of benefits arising from the commercial utilization
of bio-resources and knowledges, traditions, practices etc. associated
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with them, with regard to communities and individuals (- benefit-
claimers); it is “ sovereign right” and “eminent domain” of the State, to
facilitate, regulate and adjudicate upon all the activities and as “public
trustee” to secure its rightful share in benefits, when it is put to
commercial use]
 II. DEFINITIONS AND SCOPE OF THE LAW

• II. DEFINITIONS: benefit claimers( s.2(a) ; biological

diversity (s.2(b); biological resources (s.2(c); bio-survey and

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bio-utilization (s.2(d); commercial utilization (s.2(f); fair and
equitable benefit sharing (s.2(g);sustainable use (s.2(o);
value added products (s.2(p)

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• SCOPE: s.59: law in addition to, and not in derogation of ,
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forest and wildlife laws
• S.40: Exemption from the application of the Act as to NTAC,
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as declared by the Central Govt. after consulting NBA
 III. REGULATION OF ACCESS

• A.ACCESS OF BIORESOURCE/KNOWLEDGE- FOR

RESEARCH/COMMERCIAL UTILIZATION/BIO-SURVEY AND

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BIO-UTILISATION:
• 1. INDIVIDUALS/OTHER LEGAL ENTITIES- WITH A FOREIGN ELEMENT:
(a)APPLICATION TO NBA(S.3)- FORM I-FEE- DUE CONSULTATIONS- DISPOSAL

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WITH IN 6 MONTHS- APPROVAL IN THE FORM OF AN AGREEMENT (-RULE
14); REVOCATION (R.15); RESTRICTIONS- CIRCUMSTANCES (R.16);
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(b) TRANSFER OF RESULTS OF RESEARCH: WITH NBA APPROVAL(S.4)-
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APPLICATION TO NBA-IN FORM II- FEE-TO BE DECIDED UPON WITH IN 3
MONTHS(R.17); EXCEPTIONS (S.5)
(c) THIRD-PARTY TRANSFERS- ONLY WITH NBA APPROVAL(S.20)-
APPLICATION-FORMIV-FEE- 6MONTHS FOR DISPOSAL- PUBLIC NOTICE OF
APPROVAL(R.19)
• 2. INDIAN CITIZENS: - ACCESS AFTER INTIMATION, IN THE FORM
PRESCRIBED FOR THE PURPOSE ,TO SBB(-S.7)- EXCEPTIONS (PROVISO.S.7)-
SBB’S POWER OF REGULATION OF ACTIVITIES(S.24(2))

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• - SBB TO ADOPT AND APPLY ABS EVOLVED BY THE CENTRE- CAN ADVICE
STATE GOVT. OVER THOSE ASPECTS NOT COVERED IN CENTRAL
GUIDELINES(S.23(a))
• 3. IPR APPLICATION- ONLY AFTER APPROVAL BY NBA(S.6)- APPLICATION TO

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BE UNDER FORM-III(R.18)- PROVISION INAPPLICABLE IN THE CASE OF
APPLICATIONS FOR ANY RIGHT MADE UNDER PPVFRA
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• PUBLIC NOTICE OF GRANT OF APPROVALS(S.19)
• B. DETERMINATION OF EQUITY IN SHARING OF BENEFITS (S.21)
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-ARISING OUT OF THE USE OF ACCESSED –RESOURCE/BY-
PRODUCT/INNOVATIONS &PRACTICES ASSOCIATED WITH THEIR USE AND
APPLICATIONS AND KNOWEDGE RELATING THERE TO - ON MUTUALLY AGREED
TERMS AND CONDITIONS- BY NBA.
• - IN SUCH A DETERMINATION OF SHARING OF BENEFITS, NBA IS
REQUIRED TO COVER THE FOLLOWING ASPECTS:

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• Joint ownership of IPR;Transfer of technology; Location of production
and R&D units for the betterment of the benefit claimers; Association of
Indian scientists, benefit claimers and local people in R&D; Setting up of
venture capital funds; Payment of monetary benefits; Deposition of

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Benefits in National Biodiversity Fund; Identifiable benefit claimers –
direct payment upon NBA’s direction; Unidentifiable benefit claimers –
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To conserve and promote biological resources and to develop areas from
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where biological resource/knowledge has been accessed;To facilitate
socio-economic development of areas from where resources/knowledge
has been accessed .
• DETAILED AND ELABORATED UPON IN THE GUIDELINES ISSUED BY THE
CENTRAL GOVT. IN THIS REGARD
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 V. EXEMPTIONS

• Human genetic resources (all provisions)

• Value Added Products (s.2(p) read with (b))
• Listed biological resources when normally traded as

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commodities(s.40)
• Designated crop varieties by Department of Agriculture and
Cooperation

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• Collaborative research projects (section 3 &4)
• Conventional breeding (section 3 & 7)
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• Traditional practices in use in agriculture, horticulture, poultry,
dairy farming, animal husbandry or bee keeping (section 7)
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• Local people and communities including growers and cultivators
and local vaids and hakims (section 7)
 VI. ISSUE OF BIO-SAFETY.

• Under Environment (Protection) Act:

• Rules for the Manufacture, Use, Import, Export and Storage of Hazardous

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Micro-Organisms, Genetically Engineered Organisms or Cells.,1989
• Object: to protect environment and health, in connection with the
application of Gene Technology and Micro-Organisms (-also applies to

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Genetically engineered organisms, Micro organisms, Cells, substances
and food products etc.,)
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• Authorities: RDAC; RCGM; IBSC; GEAC; SBCC; DLC
• Penalties for violation – as provided under S.15 EPA,1986
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• Biotechnology Regulatory Authority of India Bill, 2011-13