India | ABSCH-CNA-IN-202013 | Competent National Authority | Access and Benefit-Sharing Clearing-House

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Competent National Authority (CNA)

last updated: 19 Sep 2014
General Information
National Biodiversity Authority
5th Floor, TICEL Biopark, CSIR Road, Taramani
Chennai,
Tamilnadu
600 113,
India
  • +91 44 2254 2777
  • +91 44 2254 1200
Legislative, administrative or policy basis for the competence of the Competent National Authority
National Biodiversity Authority is established under Section 8(1) of the Biological Diversity Act, 2002 to implement various provisions of the said Act. As per Section 18, the National Biodiversity Authority shall regulate the activities related to access to biological resources and/or associated knowledge. The Ministry of Environment, Forests and Climate Change, Government of India has designated National Biodiversity Authority as the Competent National Authority to fulfill the obligations under Article 13(2) of the Nagoya Protocol on Access to Genetic Resources and the fair and equitable sharing of the benefits arising from their utilization.
Summary of ABS Responsibilities
Responsible for all genetic resources. Only designated competent national authority (CNA) for the country.
Additional Information
1. A person who is not a citizen of India, a non-resident Indian (as per Section 2(30) of the Income Tax Act, 1961) and a body corporate, association or organization not incorporated or registered in India or incorporated or registered in India under any law for the time being in force having any non-Indian participation in its share capital or management shall require the prior approval of the National Biodiversity Authority (NBA) for access to biological resources and/ or associated traditional knowledge for research or for commercial utilization or for bio -survey and bio-utilization. 2. Any person / entity applying for any intellectual property rights, in or outside India, for any invention based on any research or information on a biological resource obtained from India, is required to obtain the prior approval of the NBA before the grant of patent by the patent authority as per section 6(1) of the Act and also as per the Guidelines issued by the Indian Patents Office. 3. Any person / entity transferring results of any research relating to any biological resources occurring in, or obtained from India for monetary consideration, or otherwise, to any person(s) mentioned in para 1 above, shall require the prior approval of the NBA. This provision does not include publication of research papers or dissemination of knowledge in any seminars or workshops, if such publication is in conformity with the guidelines issued by the Central Government (Ministry of Environment, Forests and Climate Change, Government of India) from time to time. 4. Persons / entities who are covered under Para 1 above and have been granted approval by the NBA are required to obtain the permission of the NBA for transferring such biological resources or knowledge associated thereto to a third party.
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