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The objective of the
Biological Diversity Act (henceforth BD Act) is threefold.
1. conservation of biological
diversity
2. sustainable use of biodiversity
and
3. fair and equitable sharing of
the benefits arising out of the use of biological resources, indigenous
knowledge and other matters connected with it.
The Act is India’s response to the
Convention on Biological Diversity.
To protect the biodiversity and the
associated indigenous knowledge it is important that an Authority is
constituted. The Act constitutes a three-tier system of Authority at the
National, State and District/local level. Each of these authorities has a
defined set of goals and duties to perform.
The activities of these authorities can
be divided into three basic categories, viz.-
g
Regulating biodiversity
related activities e.g. collection, transfer or use
of any biological resource.
g Ensuring due
sharing of benefits arising from the use of those
resources and associated indigenous knowledge with the community that holds such
knowledge.
g
Documenting available
biological resources
and indigenous knowledge
associated therewith.
Biological diversity under the Act means
the variability among all living organisms and the ecological complexes of which
they are a part.It includes diversity within species, between species and of
eco-systems.
Regulation of
biodiversity related activities
As per the first category, the following
activities are regulated:
g Access to biological resources
and associated knolwedge
g Transfer of results of any
research relating to any biological resource, and regulation of the monetary
consideration attached to it
g Obtaining Intellectual Property
Rights in or outside India over any invention. The invention should be based on
research or information on a biological resource obtained from India.
I. Access to
resources
Different regulations are applicable for
Indian citizens, a non-resident Indian and foreigners.
A Access by citizens
of India
For citizens of India and corporations
registered in India, the procedure to be followed for accessing biological
resources is simpler. Such a person has to intimate the State Biodiversity Board
(henceforth SBB) before obtaining any biological resources. This requirement is
only for accessing biological resources for commercial utilization.
Local people and communities of the area,
including growers and cultivators of biodiversity, and vaids and
hakims, who have been practicing indigenous medicine are not required to
undergo any such procedure.
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