The structural composition of the Biodiversity Authority comprises of the Authority, Secretariat, State Biodiversity Boards, Biodiversity Management Committees, and Expert Committees. It was constituted in 2003 to implement India’s Biological Diversity Act (2002). The function of the National Biodiversity Authority: 1. The local level Biodiversity Management Committees (BMCs) are responsible for promoting conservation, sustainable use and documentation of biological diversity including preservation of habitats, conservation of land races, folk varieties and cultivars, domesticated stocks and breeds of animals and microorganisms and chronicling of knowledge relating to biological diversity. Thus, this is in furtherance of the critical focus of the National Biodiversity Authority as outlined in the “aims and objectives” to ensure the “fair and equitable sharing of the benefits arising out of the use of biological resources.”. In the case where the resource is not of Indian origin, the same should be mentioned in the specification along with the foreign source and geographical origin. Objective. However, Section 6 provides an exception for a patent applicant. The National Biodiversity Authority, on behalf of the Central Government, take any measures necessary to oppose the grant of intellectual property rights in any country outside India on any biological resource obtained from India or knowledge associated with such biological resource which is derived from India. [7] Section 18(3) (a) of the Biological Diversity Act, 2002. © Copyright 2009-2019 GKToday | All Rights Reserved, Important Days & Events in Current Affairs. A/C Name: APEIROGON TECHNOLOGIES PVT. people on Biological Diversity Act, 2002, activities of National Biodiversity Authority, biodiversity issues. Jul 272020. The National Biodiversity Authority considers requests by approving or otherwise for undertaking any activity referred to in Sections 3, 4, and 6 of the Biological Diversity Act (2002) as given below: i) Access to biological resources and knowledge associated thereto[3] No 8, 1st Floor, 15th Cross, 100 Feet Ring Road, JP Nagar 6th Phase, Bangalore, India Direction: Google Map, Tel: +91-80-42173649 Mob: +91-9916116810 Email: contact(at)intepat.com Contact Us Form Online Appointment, In patent systems, the primary objective is to grant a patent to the inventor. The National Biodiversity Authority (NBA) was established in 2003 to implement India’s Biological Diversity Act (2002). The headquarters of the NBA is located in Chennai. The NBA is a Statutory, Autonomous Body and it performs facilitative, regulatory and advisory function for the Government of India on issues of conservation, sustainable use of biological resources and fair and equitable sharing of benefits arising out of the use of biological resources. [9], Role of the National Biodiversity Authority in the Patent process. Do’s and Don’ts for BioDiversity Authority before applying for Patent. Section 8, sub-Section (1) and (3) of this Act, puts forth the provision of establishing a National Biodiversity Authority in Chennai. The National Biodiversity Authority (NBA) was established in 2003 to implement India’s Biological Diversity Act (2002). [8] Section 18(3) (b) of the Biological Diversity Act, 2002. If the biological resource used by the patent applicant is of Indian origin, a declaration should be given during the filing of the patent application that the necessary permission from the National Biodiversity Authority would be submitted prior to the grant of the patent. Ketana Babaria. The Patent applicant may obtain permission from the Biodiversity Authority following acceptance of the patent, however, it must be prior to the sealing of the patent by the concerned patent authority. [6] Section 6 of the Biological Diversity Act, 2002. The National Biodiversity Authority regulates activities referred to in sections 3, 4, and 6 of the Biological Diversity Act (2002) and by regulations issue guidelines for access to biological resources and fair and equitable benefit sharing. [8] To advise the Central Government on biodiversity-related matters. [10] Provided further that the National Biodiversity Authority shall dispose of the application for permission made to it within ninety days from the date of receipt thereof though the timeline can be extended due to issues such as incomplete applications and procedural delays resulting from the need to consult other authorities at the state and local levels or expert committees for ABS (Access and Benefit Sharing) arrangements. [5] Section 6 of the Biological Diversity Act, 2002. State Biodiversity Boards (SBB) has been created in 29 States along with 31,574 Biological management committees (for each local body) across India. The National Biodiversity Authority [1] (NBA) is an autonomous and statutory body under the Ministry of Environment, Forests, and Climate Change. The Biological Diversity Act, 2002, was passed with the aim of the provision of equitable sharing of benefits of the usage of biological resources and knowledge. APEIROGON TECHNOLOGIES PVT. [10] Section 6 of the Biodiversity Act 2002 which mandates that if biological material obtained from India is used in the application for patent, then permission and other information for making an application for patent should be obtained from the National Biodiversity Authority and details should be furnished in the application form 1 column 9 (iii). How to Conduct Trademark Public Search in India? iii) Intellectual Property Rights (IPR) based on any research or information on biological resources obtained from India[5] [2] Section 18(1) of the Biological Diversity Act, 2002. A/C No: xxxxxxxxxx2695 4. The objectives of the website are: To display full range of Authority activities and functions To built a website, with a dynamic content management system behind it To promote Authority’s mandate and provide information on Authority’s activities and implementation of Biological Diversity Act, 2002 The Patents Act further complements the Biodiversity Act in that failing to disclosure or false disclosure of the source and geographical origin of biological resource may amount to a ground for opposition or even revocation of the patent grant. LTD Tag: Objectives of National Biodiversity Authority. It mandates NBA to focus on advising the Central Government on matters relating to: The conservation of biodiversity, sustainable use of its components and equitable sharing of benefits arising out of the utilization of biological resources, Advising the State Governments in the selection of areas of biodiversity importance to be notified as heritage sites and measures for the management of such heritage sites, The Act covers conservation, use of biological resources and associated knowledge occurring in India for commercial or research purposes or for the purposes of bio-survey and bio-utilisation, It provides a framework for access to biological resources and sharing the benefits arising out of such access and use, The Act also includes in its ambit the transfer of research results and application for intellectual property rights (IPRs) relating to Indian biological resources, The Act covers foreigners, non-resident Indians, body corporate, association or organization that is either not incorporated in India or incorporated in India with non-Indian participation in its share capital or management, These individuals or entities require the approval of the National Biodiversity Authority when they use biological resources and associated knowledge occurring in India, State Biodiversity Boards (SBBs) are to be established under Section 22(2) of the Act, So far 29 States have established the SBBs, Advise the State Governments on matters relating to conservation of biodiversity, sustainable use of its components and equitable sharing of benefits arising out of utilization of biological resources, Regulate by granting approvals or otherwise request for commercial utilization or bio-survey and bio utilization of any biological resource by Indians, Perform such other functions as necessary to carry out the provisions of this Act or as prescribed by the State Governments, Promoting conservation, sustainable use and documentation of biological diversity, Preservation of habitats, conservation of land races, folk varieties and cultivars, domesticated stocks and breeds of animals, micro-organisms, Chronicling of knowledge relating to biological diversity, Prepare, maintain and validate People’s Biodiversity Register (PBR) in consultation with the local people, To maintain a Register giving information about the details of biological resources and traditional knowledge available within the jurisdiction of BMC, Advice on any matter referred to it by the State Biodiversity Board or Authority for granting approval, To maintain data about the local vaids and practitioners using the biological resources.
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