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Legislative, Administrative or Policy Measure
(MSR)
last updated: 17 Sep 2014
Notification on Guidelines for International Collaborative Research Projects under Section 5 of the Biological Diversity Act, 2002
These guidelines for international collaborative research projects involving transfer or exchange of Biological Resources or information relating thereto, between institutions, including government sponsored institutions and such institutions in other countries are issued as per Section 5 of the Biological Diversity Act.
Legally binding
08 Nov 2006
Regulatory or Administrative Measures
No
- collaborative Research guidelines.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-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.
These guidelines have been issued by the Central Government (Federal/National) under Section 5(3) of the Act which provide exemption from Section 3 and Section 4 of the Act for International Collaborative Research Projects as approved by the Central (Federal/National) or State (Provincial / Sub-national) Governments.
Any project which is sponsored under any bilateral or multilateral agreement or as a result of work-plan or memorandum of understanding and between institutions including government sponsored institutions and such institutions in other countries is considered as international collaborative research project as per section 5 of the BD Act.
Prior approval of the NBA for transfer or exchange of biological resources or information relating thereto (between collaborative institutions), under sections 3 and 4 is not required, if such collaborative research project is approved by any Department/Ministry of the Central or State Governments.
Further, the purpose of such collaborative research project shall be research only and if the results of research, at any time lead to filing of IP rights, approval of NBA shall be obtained under section 6 of the BD Act.
