National Biodiversity Authority (NBA)

About the Act

• It is an act to provide for conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the use of biological resources, knowledge and for matters connected therewith or incidental thereto.
• It was enacted to meet the obligations under Convention on Biological Diversity (CBD).
• The Act has created an authority - The National Biodiversity Authority (NBA) has been set up in October 2003 in Chennai as per the Act. It performs the following functions: -
  • Regulation of acts prohibited under the Act.
  • Advise the Government on conservation of biodiversity.
  • Advise the Government on selection of biological heritage sites.
  • Take appropriate steps to oppose grant of intellectual property rights in foreign countries, arising from the use of biological resources or associated traditional knowledge.

The Act introduces the following regulations:-

• A foreigner needs to take permission from the NBA before obtaining any biological resources or associated knowledge from India.
• Indian citizens or corporates need to take permission from the concerned State Biodiversity Board. (vaidyas and hakkims who are practicing indigenous medicines are exempted).
• No person should apply for any form of intellectual property protection based on the research arising out of biological resources without the permission of the NBA.
• Result of research using biological resources from India cannot be transferred to a non-citizen or a foreign company without the permission of NBA. (Unless for publication of the research in a journal or seminar, or collaborative research made by institutions approved by Central Government.)

Benefit sharing out of usage of biological resources can be done in following manner:

• Joint ownership of intellectual property rights
• Transfer of technology.
• Location of production, research development units in the area of source
• Payment of monetary and non-monetary compensation
• Setting up of venture capital fund for aiding the cause of benefit claimer.

Note:

• Indigenous and local communities, who either grow the biological resources or have a traditional knowledge of these resources, are the beneficiaries under the Biological Diversity Act.

PRELIMS QUESTION

Consider the following statements regarding Biological diversity act,2002:
1.Act was enacted to meet India’s obligations under convention on Biodiversity(CBD).
2.It makes mandatory for all individuals including Indians to get permission from National Biodiversity authority while using biological resources for commercial purposes.
3.Benefit sharing under the act can be done by payment of either monetary or non-monetary compensation.
Which among the above statements is/are correct?
(a)1 only 
(b)1 and 3 only 
(c)2 and 3 only
(d)1,2 and 3 

Answer to the Prelims Question