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ABSCH-MSR-IN-208214-1   |   PDF   |   Print   |  
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last updated: 04 Nov 2016
General information
India
Guidelines on Access to Biological Resources and Associated Knowledge and Benefits Sharing Regulations, 2014

The purpose of these regulations is to bring out guidelines on Access and Benefit Sharing in compliance with the provisions of the Biological Diversity Act, 2002 and in pursuance of the Nagoya Protocol on Access to Genetic Resources and the Fair and equitable Sharing of Benefits Arising from their Utilization. .

The objective of the regulation is to provide guidance to the user on procedure for access to  biological resources and/ or associated knowledge for various activities and mode of benefit sharing for access,  scheme of processing the requests, etc.

National / Federal
Legally binding
21 Nov 2014
Regulatory or Administrative Measures
No
Document details
Amendments
EN
Regulatory contact information
- Competent National Authority: | ABSCH-CNA-IN-202013-2
Competent National Authority:
National Biodiversity Authority ()
5th Floor, TICEL Biopark, CSIR Road, Taramani
Chennai, Tamilnadu
600 113, India
Phone: +91 44 2254 2777,
Fax: +91 44 2254 1200,
Email: secretary@nbaindia.org, chairman@nba.nic.in, secretary@nba.nic.in,
Website: http://www.nbaindia.org,
ABSCH-CNA-IN-202013-2
Amendments
  • ABSCH-MSR-IN-283500-1 Legislative, Administrative or Policy Measure The Biological Diversity (Access to Biological Resources and Knowledge Associated thereto and Fair and Equitable Sharing of Benefits) Regulations, 2025
    The purpose of these regulations is to bring out guidelines on Access and Benefit Sharing in compliance with the provisions of the Biological Diversity Act, 2002 as amended in 2023 , BD rules, 2024 and decisions of the COP -16 on Digital Sequence Information . 

    The objective of the regulation is to provide guidance for the users on benefit sharing obligations for access to biological resources including Digital Sequence Information and/ or associated knowledge for undertaking various activities, with certain exemptions, sharing of benefits with the  benefit claimers, etc.

    The ABS Regulations, 2025 also provides procedures for deposition of novel microbial strain in the foreign repositories by Indian scientist / research scholar by intimating NBA through web portal. 
Relationships
  • 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. 

    • 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. 

    • 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.

Under the provisions of the Section 18(1) and Section 21(4) of the Biological Diversity Act, 2002, the National Biodiversity Authority (National Competent Authority) issued the guidelines on Access and Benefit Sharing for the use of biological resources and/ or associated knowledge.
Elements of the measure Collapse All Expand All
  SCOPE OF THE MEASURE
  Genetic Resources
-   All types of genetic resources - found in - All areas of access of the genetic resource (section 2(c) of the BD Act)
  Traditional knowledge associated with genetic resources ( Regulation 1, 2, 8 and 11 )
  Provisions on temporal scope ( Preamble )
  Reference to any other relevant articles and sections
-  Activities or persons exempted from approval of NBA or SBB (Regulation 17)
  ACCESS
  Access to genetic resources
  For commercial use ( Regulation 2, 8 and 11 )
  For non-commercial use ( Regulation 1, 6, 11 and 13 )
  Access to traditional knowledge associated with genetic resources, including prior informed consent or approval or involvement
  For commercial use ( Regulation 2, 8 and 11 )
  For non-commercial use ( Regulation 1 and 11 )
  Provides for the issuance of a permit of its equivalent at the time of access for constituting an internationally recognized certificate of compliance ( Regulation 16(10) )
  Established rules and procedures for mutually agreed terms ( Regulation 1(2), 2(2), 6(2), 8(2), 11(2) and 16(10) )
  BENEFIT-SHARING
  Monetary benefits ( Regulation 3, 4, 7, 9, 10, 12 and 14 )
  Non-monetary benefits ( Regulation 14 )
  For commercial use ( Regulation 3, 4, 9, 10, 12 and 14 )
  For non-commercial use ( Regulation 7, 12 and 14 )
  Any other element relevant to benefit-sharing
-  Levy fee by the Biodiversity Management Committee (Regulation 5)
  COMPLIANCE
No provisions for this element
  RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS
  Plant genetic resources for food and agriculture exchanged using the standard material transfer agreement of the International Treaty on Plant Genetic Resources for Food and Agriculture ( Regulation 17(g) )
  OTHER
No provisions for this element
Additional Information
The Regulation provides for:- legal certainty, clarity and transparency, Options of benefit sharing for different users, Graded benefit sharing system, Upfront payment, and apportioning accrued benefits to the community/ village level authority.

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