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ABS Procedure
(PRO)
last updated: 26 Dec 2018
Procedure for accessing the biological resource and/or associated knowledge for commercial or non-commercial use
EN
National / Federal
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,
No precondition or prerequisite for any individual or entity to apply for accessing biological resource and/ or associated knowledge occurring in India for research, for bio-survey and bio-utilization and for commercial utilization as per Biological Diversity Act, 2002.
1. It’s a single window approval process.
2. National Biodiversity Authority (NBA) is the only Competent National Authority in India.
3. Biological resource and/ or associated traditional knowledge from India can be accessed by applying in Form-I to NBA through an online process.
4. NBA consults the local communities through the respective State Biodiversity Board (Provincial level regulatory authority) for formalizing the PIC process.
5. MAT is in the form of an agreement to be executed between the applicant and the Competent National Authority, on behalf of the provider.
6. On approval, the user is required to submit an annual report to the Competent National Authority.
2. National Biodiversity Authority (NBA) is the only Competent National Authority in India.
3. Biological resource and/ or associated traditional knowledge from India can be accessed by applying in Form-I to NBA through an online process.
4. NBA consults the local communities through the respective State Biodiversity Board (Provincial level regulatory authority) for formalizing the PIC process.
5. MAT is in the form of an agreement to be executed between the applicant and the Competent National Authority, on behalf of the provider.
6. On approval, the user is required to submit an annual report to the Competent National Authority.
Yes
A. If the applicant is an individual, the following documents are required while filing ABS application in online portal
- Self-attested copy of relevant pages of Passport of the applicant(s).
- In case of engaging an Agent/Contact person/ Attorney in India, the applicant shall submit an authorization for the same.
- In case of having any collaboration with Indian institution/organization, a self-attested copy of MoU/letter of intent,etc., is required.
- The acknowledgement generated during filing through online system shall be signed and forwarded to NBA (Hard copy in original).
B. If the applicant is an entity, the following documents are required while filing ABS application in online portal
- Document of incorporation or registration duly attested by the competent authority of the entity.
- In case of any person applying on behalf of entity, a letter of authorization or Board Resolution issued by the competent authority.
- In case of engaging an Agent/Contact person/ Attorney in India, the applicant shall submit an authorization for the same.
- In case of having any collaboration with Indian institution/organization, a self-attested copy of MoU/letter of intent,etc., is required.
- The acknowledgement generated during filing through online system shall be signed and forwarded to NBA (Hard copy in original) .
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,
Yes
INR 10,000 can be paid through Online ABS e-filing portal
6 months
- Access to genetic resources (Article 15 of the CBD)
- Nagoya Protocol
- Scope
- Competent national authority/ies
- Access
- Access to genetic resources
- For commercial use
- For non-commercial use
- Access to traditional knowledge associated with genetic resources, including prior informed consent or approval or involvement
- For commercial use
- For non-commercial use
- Benefit-Sharing
- Mutually agreed terms
- Monetary benefits
- Non-monetary benefits
- Permits or their equivalent constituting an internationally recognized certificate of compliance
- Compliance with mutually agreed terms (Article 18)
- Traditional knowledge associated with genetic resources
- Access and Benefit-sharing Clearing-House
- ABS legislative, administrative or policy measures
- ABS agreements
- Commercial purpose
- Non-commercial purposes
- Agricultural sector
- Academic research
- Botanical and horticultural sector
- Identification and taxonomy
- Food and beverage
- Industrial biotechnology,
- Personal care and cosmetics
- Pharmaceutical sector
- All types of genetic resources
- Plants
- Animals
- Microorganism
- Fungi
- Wild species
- Domesticated species and/or cultivated species
- All areas of access of the genetic resource
- Agricultural areas
- Forest
- Inland waters
- Dry and sub-humid areas
- Marine and coastal areas
- Mountains
- Protected areas
- Islands
- Ex-situ
- Soil and/or water samples
- Users of genetic resources
- Intellectual property rights
- Relevant international agreements, instruments and organizations
- Food and Agriculture Organization
- International Treaty on Plant Genetic Resources for Food and Agriculture
- Guidelines on Access to biological Resources and associated knowledge and Benefit sharing Regulations, 2014
- The information given here is for illustrative purpose only. For detailed legal interpretation, the Biological Diversity Act 2002, Biological Diversity Rules 2004 and ABS Regulation 2014 maybe referred to.
3. For further clarifications please write to: info.nba@gov.in
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