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Legislative, Administrative or Policy Measure
(MSR)
published: 17 Sep 2014
last updated: 22 Nov 2016
The Biological Diversity Rules, 2004
- To operationalize the Biological Diversity Act 2002 including laying down the procedure and guidelines to govern the activities for access to biological resources, occurring in or obtained from India and knowledge associated thereto (Section 3 of the Act), transfer of Research Results(Section 4 of the Act), obtaining previous approval of NBA before grant of IP rights(Section 6 of the Act) and third party transfer(Section 20 of the Act).
- These Rules also provide for formats viz., Form-I (Access to biological resources), Form-II (Transfer results of research), Form-III (Seeking previous approval before grant of IP rights) and Form-IV (Third Party Transfer of biological resources and associated knowledge).
National / Federal
Legally binding
15 Apr 2004
Law
No
- Biological Diversity Rules, 2004.pdf [ English ]
EN
Competent National Authority:National Biodiversity Authority ()5th Floor, TICEL Biopark, CSIR Road, TaramaniChennai, Tamilnadu
600 113, IndiaPhone: +91 44 2254 2777,Fax: +91 44 2254 1200,Website: http://www.nbaindia.org,
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ABSCH-MSR-IN-283012-1 Legislative, Administrative or Policy Measure Biological Diversity Rules, 2024
- To operationalise the Biological Diversity Act 2002 as amended in 2023, including laying down the procedure and guidelines to govern the activities for access to biological resources, including Digital Sequence Information, occurring in or obtained from India and knowledge associated thereto (Section 3 of the Act), share or transfer of Research Results(Section 4 of the Act), and obtaining prior approval of NBA before grant of IP rights (Section 6 of the Act).
- These Rules provide for procedures, new application forms and application fees for seeking approval from the NBA to undertake the activities envisaged in the Act.
- It also prescribes procedures for monitoring and regulating the use of biological resources or associated traditional knowledge obtained from any foreign country in India ( user Country measures under Articles 15, 16 & 17 of the Nagoya Protocol on ABS).
- A procedure for conducting non-commercial research or research for emergency purposes outside India by an Indian researcher or institution has also been provided.
- Manner of inquiry by the Adjudicating Officer on the contravention of Sections 3, 4, 6 and 7 of the Act and imposing penalty thereof has also been prescribed.
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ABSCH-MSR-IN-202011-1 Legislative, Administrative or Policy Measure The Biological Diversity Act, 2002
- 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.
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The Act regulates the access to biological resources occurring in, or obtained from, India and knowledge associated thereto for research or for commercial utilization or for bio-survey and bio-utilization.
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It also regulates transferring the results of any research relating to biological resource, transferring any biological resource and/ or associated knowledge to a third party, and any person seeking Intellectual Property Rights in or outside India by granting prior approval.
This Biological Diversity Rules, 2004 has been notified by the Central Government (Federal/National) to carry out the purposes of the Biological Diversity Act, 2002 under Section 62.
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Rule 16 provides for taking steps to restrict or prohibit the request for access to biological resources, if the request is for
- access of any endangered, endemic and rare species,
- the access that may likely to result in adverse environmental impact which may be difficult to control and mitigate,
- the access which may cause genetic erosion or affecting the ecosystem function,
- use of resources for purposes contrary to national interest and other related international agreements entered into by India.
The Biodiversity Management Committees shall prepare People's Biodiversity Register which contains comprehensive information on the availability of biological resources and knowledge in their jurisdiction as per Rule 22 (6).
| Record type | Field | Record(s) | |
|---|---|---|---|
| Legislative, Administrative or Policy Measure | List of amended measures | 1 | |
| Legislative, Administrative or Policy Measure | Relationship with other measures | 1 | |
