Unit 2 (IPR 2)

1 – Discuss the Constitutional, powers and functions of national biodiversity authority

and state biodiversity authority.

National Biodiversity Authority

In order to carry out the provisions of the act, the National Biodiversity Authority (NBA) had
been set up under the Ministry of Environments and Forest by the Government of India in
2003. The NBA is a statutory, autonomous body headquartered in Chennai. State
Biodiversity Boards (SBB) were also created in the 29 states along with Biological
management committees for each local body.

Under this act, the Central Government in consultation with the NBA:

 Shall notify threatened species and prohibit or regulate their collection, rehabilitation,
and conservation. Check out the IUCN Red list to know more about endangered
species.

 Designate institutions as repositories for different categories of biological resources

Structure of the NBA

The National Biodiversity Authority consists of the following members to be appointed by

the central government, namely:

 A Chairperson.

 Three ex officio members, one representing the Ministry dealing with Tribal Affairs
and two representing the Ministry dealing with Environment and Forests.

 Seven ex-officio members to represent respectively the Ministries of the Central

Government dealing with:

 Agricultural Research and Education

 Biotechnology

 Ocean Development

 Agriculture and Cooperation

 Indian Systems of Medicine and Homoeopathy

 Science and Technology

 Scientific and Industrial Research;

To know more about Intellectual Property Rights in India, visit the linked article
Should any Foreign individuals or corporate body seek to obtain knowledge or allied
resources for the purpose of research, survey, and commercial utilization, then they need to
take permission from the NBA. Indian citizens or corporates seeking to the same need to take
permission from their respective State Biodiversity Boards.

The outcome of research that had utilized biological resources from India cannot be given to
a foreigner or a foreign company without the consent of the NBA. But such approval is not
required for the publication of the research in a journal done by institutions that affiliated
with the Central Government or approved by it.

State Biodiversity Boards (SBBs)

The SBBs are established by the State Governments in accordance with Section 22 of the Act
and deal with all matters relating to access by Indians for commercial purposes.

Structure of SSBs

The State Biodiversity Board consists of the following members:

 A Chairperson

 Not more than five ex officio members to represent the concerned Departments of the
State Government

 Not more than five members from amongst experts in matters relating to conservation
of biological diversity, sustainable use of biological resources and equitable sharing of
benefits arising out of the use of biological resources.

 All the members of the SBB are appointed by the respective State Governments.

Power and Function of National Biological Authority

Chapter IV of the Biological Diversity Act, 2002 talks about the power and functions of the
National biological Authority. These are:

1. Its primary function is to advise the central government on matters relating to:

o Conservation of biodiversity,

o Sustainable use of biological resources,

o Equitable sharing of the benefit of biological resources.

2. It also advises the state government in the selection of areas that are of biological
importance.

3. The National Biological Authority represent the central government in the foreign
proceedings of granting the patent on biological resources obtained from India.
4. Under section 3 of the Biological Diversity Act, it approves certain kinds of people to
undertake biological-related activities.

5. Under section 4 of the Biological Diversity Act, it approves transferring any result of
research from India to any foreign country.

6. Under section 6 of the Biological Diversity Act, it approves the filing of the
application of intellectual property rights in or outside India for any invention on
biological resources obtained from India.

7. Under section 19 of the Biological Diversity Act, it approves the application to the
person seeking to obtain any biological resources for research or commercial
utilisation.

What is State Biodiversity Boards (SBBs)?

 State Biodiversity Boards (SBBs) advise state governments on biodiversity

conservation, sustainable use of its components, and equitable sharing of benefits
resulting from the use of biological resources.

 The SSBs also regulate commercial utilisation or bio-survey and bio-utilization of any
biological resource by Indians through the granting of approvals or other requests.

 Local Biodiversity Management Committees (BMCs).

o Local Biodiversity Management Committees (BMCs) are in charge of

promoting biological diversity conservation, sustainable use, and
documentation, as well as documenting biological diversity knowledge.

Structure

Structure of State Biodiversity Boards

 A Chairman

 Five ex officio members maximum to represent the pertinent State Government

Departments

 No more than five specialists in the preservation of biological variety, sustainable use
of biological resources, and fair distribution of benefits resulting from the use of
biological resources may make up the committee.

 The different State Governments appoint each member of the SBB.

Functions

Functions of State Biodiversity Boards

 SBBs perform functions required to carry out the provisions of Biological Diversity
Act 2002 or as prescribed by the State Governments.

 The State Boards require prior notification for obtaining biological resources from
Indian citizens or corporate associations or organisations registered in India.

 This power of the State Biodiversity Boards, which is only applicable to Indian
citizens or organisations, can be easily exploited by vested interests of commercial
behemoths with significant overseas shareholders.

Constitution

Constitution of the State Biodiversity Fund

 A fund to be known as the State Biodiversity Fund shall be established and credited
to:

o Any grants or loans made by the National Biodiversity Authority.

o All funds received by the State Biodiversity Board from other sources as
determined by the State Government.

 Functions of State Biodiversity Board.-

 The functions of the State Biodiversity Board shall be to-
 a. advise the State Government, subject to any guidelines issued by the Central Government, on
matters relating to the conservation of biodiversity, sustainable use of its components and equitable
sharing of the benefits arising out of the utilisation f biological resources;
 b. regulate by granting of approvals or otherwise requests for commercial utilisation or bio-survey and
bio-utilisation of any biological resource by Indians;
 c. perform such other functions as may be necessary to carry out the provisions of this Act or as may
be prescribed by the State Government.

2 – Explain the salient features of Biodiversity act 2002.

Feature Description

Regulation of Access to Biodiversity

Section 3 of the Act provides for the establishment of the National Biodiversity Authority
(NBA) to regulate access to India’s biodiversity.

Section 4 of the Act specifies that any person or organization seeking to access India’s
biodiversity for research or commercial purposes must obtain prior approval from the NBA.

Conservation of Biodiversity

Section 36 of the Act requires the government and local authorities to take measures to
conserve and protect India’s biodiversity, including through the establishment of protected
areas and the promotion of in-situ conservation.

Sustainable Use of Biodiversity

Section 8 of the Act recognizes the importance of using biodiversity in a sustainable manner
and encourages the development of practices that support sustainable use.

Section 7 of the Act requires that the use of biodiversity should not cause damage to the
environment or the loss of biodiversity.

Benefit-sharing

Section 21 of the Act requires that any benefits arising from the commercial use of India’s
biodiversity must be shared equitably with local communities and other stakeholders.

Section 24 of the Act provides for the establishment of a National Biodiversity Fund to
support the conservation and sustainable use of biodiversity.

Intellectual Property Rights:

Section 29 of the Act recognizes the intellectual property rights of local communities and
traditional knowledge holders over the use and conservation of biodiversity.

Section 3(1) of the Act provides for the establishment of a State Biodiversity Board in each
state to facilitate the conservation and sustainable use of biodiversity, including by ensuring
the protection of the rights of local communities and stakeholders.

Offences and Penalties

Section 55 of the Act sets out penalties for non-compliance, including fines and
imprisonment.

Section 56 of the Act provides for the seizure of equipment and products used in
contravention of the Act.... Read more at: https://www.studyiq.com/articles/biodiversity-act-
2002/

3 – Who is a benefit claimer? How can benefit sharing be given effect to under Bio-
diversity act 2002?