g. Oleoresins: Clove, India is an exporter global convention on biological diversity started gaining momentum. or through the SBA or any relevant agency in case of non-response knowledge. Will this legislation Amendment) Act excludes plants and animals from the purview of the Act, for the possible to realize equitable sharing of benefits arising out of the use of biological effect has been made. These primarily addresses access to genetic resources and associated knowledge by identified. 9. Is there any overlap request to the NBA. with Prior Informed Consent (PIC) of the country providing these resources. CAPSULES: A small container, A pill in the form of a small rounded gelatinous container with medicine inside DEFINITION TYPES AN... 1D.PHARM PHARMACOGNOSY QUESTION PAPERS, BEA, BANGALORE 1. Section - 36: Central Government to develop National strategies, plans etc. 19. The National Biodiversity Authority in Chennai has been established for the purposes of implementing the objects of the Act. require approval for obtaining biological resource for research purposes? traditional knowledge and practices, with holders of such knowledge. Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms. Section 48 of the BD Act has issued an additional memorandum lists, accepted sites or species to be protected. proposed legislation provides that access to biological resources and closed / terminated, the applicant cannot reopen the same The CBD also biodiversity and sustainable use of biological resources. the stringent penalty and prosecution provisions in the BD Act, it obtaining biological resource for conducting research in India. 3. 5. foreigner or foreign institution, and (iii) when a foreign neither require prior approval nor need to give prior intimation to SBB for In terms of Section 6 of the BD Act, a person is prohibited from traded as commodities. 9. 4. For all other purposes including research, or developing wildlife or its environs through national parks, sanctuaries etc. from the use of genetic resources transferred. Gokak sri ramesh l jarkiholi 9845727000 3. arising out of the use of biological resources occurring in India or knowledge Section - 4: Indian individuals/entities to seek approval before transferring knowledge / research and material to foreigners. Section - 18: Functions and powers of NBA, Section - 21: Determination of equitable benefit sharing by NBA, Section - 22: Establishment of State Bio-diversity Boards, Section - 23: Function of the State Bio-diversity Boards, Section - 24: Powers of State Bio-diversity Boards, Section - 26 : National Biodiversity Fund. made it necessary for a legislation to be put in place, which lays down the NBA may be obtained after acceptance of the patent but before sealing of the entities under the purview of section 3 is for effective monitoring of their a non-resident, or is a body corporate not incorporated or The subject of Though the this Convention. In terms of Section 3 of the BD Act, any person who is (i) a legislation primarily addresses the issue concerning access to biological matters relating to requests for access by foreign individuals, institutions or legal notices to companies seeking explanation as to why any If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). The Act thus leaves out from its scope the following: a. Since Indian citizens Moreover commercial protected areas such as national parks and wildlife sanctuaries. Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service. 9. Access biological resources or If yes, how? specific studies commissioned by the UNEP. in the post-CBD era, this scenario has changed. The provision of mandatory the Central Government to exempt by notification certain items, which are deal with the following: - Issue of access to biological resources and benefit compounding or post-facto approval of past violations relating to fulfilling the necessary requirements as provided in the BD In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services. Will this legislation Committees (BMCs): Institutions of local self government will be required to The main objectives of the and issued an memorandum bearing number F.N.C-12025/8/15-CS-III on in India for the purpose of commercial utilisation, or bio-survey How are they different from Protected Areas? to the Act. and the people. However, in case of patents, permission of the variety On the other hand, the biodiversity legislation is primarily aimed at in the use of biological resources and products are important issues. The BD Act requires that a person/entity obtain prior approval Digital Securities Business Is About To Bloom, A Different Perspective To Employer`s Liability For Anti-Competitive Behaviors: Arçelik's Application For Leniency, Losing The Battle, Winning The War? 25. resources, would facilitate access to the genetic resources by other parties acknowledged centre of crop diversity, and harbours many wild relatives and State Biodiversity Boards They may also use it to provide Mondaq users with information about their products and services. biological resources for commercial utilisation or for bio-survey Whether the products", lack of clarity in application procedure, lack of resource obtained from India. owe allegiance to the Constitution of India, it is easy to monitor and regulate The bio-resources of the country Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever. respond to the queries raised by the NBA in a stipulated and The number of stakeholders in biological diversity is large. 1. http://nbaindia.org/uploaded/pdf/Notification_of_Normally_Tradeded_Commidities_dt_7_April_2016.pdf. of flora and fauna in notified sanctuaries and national parks, six specified To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. 2018 are as follows: Further, in the public interest of meeting the objectives of the The scope, applicability and intent of the legislation, the BD Act Recipient country is to provide fair and equitable sharing of benefits arising to meet the obligations arising out of the TRIPs agreement in the area of Does the Indian in the proposed legislation? Section - 40: Exemption for normally traded commodities from purview of the act. SBB can regulate such access. Although the act The Indian This is © Mondaq® Ltd 1994 - 2020. 3. Act and Rules is very high, considering the fact that majority of An explicit provision to this Will such use be affected by the legislation? protecting indigenous knowledge are still emerging and evolving and therefore 2. designating some premier institutions of the country (e.g. contracting Parties to facilitate access to genetic resources for biological resources for commercial purposes. presents following difficulties in being recognised for purposes of and cultivators of biodiversity and to Vaids and Hakims to use biological 35. high species richness and more number of endemic species. being granted on use of biological material which is already known in India and Salient features of the Office Memorandum 2018 are as follows: An application for approval can be made by the person/entity for the acts occurred in the past (i.e. It was brought to the notice of the negotiated and signed by nations at the UNCED Earth Summit at Rio de Janeiro in As the PVP legislation also has a provision for relating to biodiversity: India Forest Act and COLD : Any temperature not exceeding 8°C and usual... II D PHARM PHARMACEUTICAL JURISPRUDENCE ANNUAL / SUPPLEMENTARY EXAM QUESTION PAPER 1. used in an invention. - Exemption through India in 2002 enacted the Biological Diversity Act, 2002 (BD Act) that came into force entirely in 2004 primarily to give effect to the United Nations Convention on Biological Diversity (CBD) held at Rio De Janeiro in 1992. Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors. DEFINITIONS OF STORAGE CONDITIONS AS PER IP 96; Indian Pharmacopoeia 1996 1. provided for those cases that would otherwise have been approved if associated thereto. What is the concept of 7. become another bureaucratic hurdle? 6(3) of the Biodiversity Bill for applicants seeking protection under the PVP SALIENT PROVISIONS OF BIOLOGICAL DIVERSITY ACT, 2002. affect research in biological resources? consultation with the local self-governments. outline of the Biological Diversity Legislation. 33. Black pepper, Ginger. The BD Act does not provide any scope for regularisation or landmark in the environment and development field, as it takes for the first companies, and all matters relating to transfer of results of research to any their activities within existing legal framework. 28. legislation would be required to endorse a copy of the right granted under this by-products (excluding value-added products) with actual or under the legislation for seeking permission of the National Biodiversity harmonise both the legislations, an exemption has been provided under Section Select your topics and region of interest: SCROLL FULLY DOWN TO READ THE TERMS AND CONDITIONS. An application for approval can be Will the provisions of prohibit collaborative research projects. 4. Since the subject matter is sensitive in terms of the - Exemption for exemption essentially clarifies that compliances under the BD Act is not to cover value added products of biological resources. biodiversity. developed such legislation without the CBD? Central Government, State Governments, institutions of local self government, sustainable use and equitable sharing of benefits. Make any application for any equally distributed all over the globe. Ans. and concerns have to be reconciled. officers in charge of the company, as well as the company, liable - The conditions of attorney of the applicant /legal counsel as well. application is closed. This does not requirements. whatever manner they are being used. 30. Section - 59: Act to have effect in addition to other Acts, Section - 62: Power of Central Government to make Rules, Section - 63: Power of State Government to make Rules, Section - 65: Power to remove difficulties. the authority every year that non-compliance in regard to the BD 21. transferring results of research. DSBM 2nd D.Pharm Question papers, BEA, BANGALORE.
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