Regional or National Measures

India
ABS Measures
  • Biological Diversity Rules 2004
  • The Biological Diversity Act, 2002
  • The Patent (Amendment) Act No. 15, 2005
  • The Patent (Amendment) Act No. 38, 2002
  • Main ABS Elements

    ABS Element
    Official Title of the Measure
    Description Relevant articles and sections
    Competent National Authority
    Biological Diversity Rules 2004
    General function of the Authority Rule. 12
    The Biological Diversity Act, 2002
    Biodiversity Management Committees Art. 41(2)
    Functions and powers (NBA) Art. 18
    Functions and powers (SBB) Art. 23-24
    National Biodiversity Authority (NBA) Art. 8
    State Biodiversity Board (SBB) Art. 22
    Prior Informed Consent (PIC) Procedures
    Biological Diversity Rules 2004
    Procedure for access, traditional knowledge, intellectual property rights application, material transfer to third party Rule. 14, 17-19
    The Biological Diversity Act, 2002
    Approval of NBA for access Art. 3, 5, 7, 19(1)
    Mutually Agreed Terms (MATs)
    Biological Diversity Rules 2004
    Criteria for equitable benefit sharing Rule. 20
    The Biological Diversity Act, 2002
    Approval of NBA for transfer of research results (collaborative research projects) Art. 4-5, 20(1-2)
    Biodiversity Management Committees: collection of fees Art. 41(3)
    Determination of equitable benefit-sharing by NBA Art. 21
    Fees Art. 19(3), 20(3)
    Compliance Mechanisms
    Biological Diversity Rules 2004
    Dispute settlement Rule. 23
    Revocation of access or approval Rule. 15
    The Biological Diversity Act, 2002
    Penalties (foreigners and locals) Art. 55-57
    Traditional Knowledge Associated to Genetic Resources
    Biological Diversity Rules 2004
    Same as PIC Rule. 14, 17-19
    The Biological Diversity Act, 2002
    Duties of Central and State Governments Art. 36(5)
    Exemption for local people and communities (access) Art. 7
    Other
    Biological Diversity Rules 2004
    Procedure for seeking prior approval before applying for IPRs Rule. 18
    The Biological Diversity Act, 2002
    Approval from NBA for application for intellectual property rights Art. 6, 19(2)
    Constitution of Trust Funds Art. 27, 32, 43
    The Patent (Amendment) Act No. 15, 2005
    Grounds of revocation of patent applications Amendment of Secc. 25.1
    The Patent (Amendment) Act No. 38, 2002
    Disclosure of origin on patent application Amendment Secc. 10.4.d

    • United Nations
    • United Nations Environment Programme