Biological Diversity Act, 2002

To regulate access to genetic resources and associated sharing arrangements, apart from developing policies and programmes on long term conservation and protection of biological resources and associated knowledge, the Biological Diversity Act, 2002 was promulgated. The National Biodiversity Authority (NBA) set up at Chennai on 1st October 2003 as per the provisions of the Biological Diversity Act, 2002 is mandated to facilitate implementation of the Act.

Notable Points:

  • All foreign national require approval from NBA for obtaining Biological Resources. (Section – 3)
  • Indian individuals/entities to seek approval before transferring knowledge / research and material to foreigners. (Section – 4)
  • Prior approval of NBA before applying for any kind of IPR based on research conducted on biological material and or associated knowledge obtained from India. (Section -6)
  • Indians required to provide prior intimation to State Biodiversity Boards for obtaining biological material for commercial purposes. SBB can regulate such access. (Section -7)
  • Growers and cultivators of Biological Diversity and vaids and hakims who are practicing Indian system of medicines and local people exempted.