Rules have been notified by the National Biodiversity Authority (NBA) in accordance with the Biodiversity Act (BDA) 2002.
- Rules aimed at guiding the sharing of benefits for the use of biological resources, including Digital Sequence Information (DSI) or associated knowledge.
- These rules have replaced the 2014 rules.
Key Highlights of Rules
- Prior Informed Consent (PIC): Person/industry intending to access biological resources shall give prior intimation to the NBA for approval.
- This shall not apply in case of access to cultivated medicinal plants notified under BDA 2002.
- Quantum of Benefit Sharing: Rules delineate slabs based on annual turnover of person/industry. (see table)
- All users with annual turnover of over 1 crore need to share a statement with information on the resources used per year.
- For biological resources having high conservation or economic value, the benefit sharing shall not be less than 5% of the proceeds of the auction or sale amount or the purchase price and could be more than 20% in case of commercial use.
- E.g. red sanders, agarwood, etc.
- Commercialisation of Intellectual Property Rights: Applicant shall pay to the NBA such monetary benefit or share non-monetary benefit as agreed.
What is Access and Benefit Sharing (ABS)?
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