GOI, Government of India (2023) The biological diversity (amendment) bill, 2021 (Bill No.158 of 2021). Government of India, New Delhi.
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Biodiversity refers to the variety of life forms that exist on the planet.[1] Human activities on the planet have created challenges for biodiversity such as loss of habitat, deterioration of ecological systems, and extinction or threat of extinction for species.[2] There have also been concerns around bio-piracy which involves unauthorised appropriation of biological resources and related knowledge belonging to indigenous communities.[3] A key multilateral treaty to address these concerns is the United Nations Convention on Biological Diversity (CBD) from the year 1992.[4] It recognises sovereign rights over biological resources and permits countries to regulate access to these resources as per their national legislation.4 It recognises contributions of local and indigenous communities to conservation and sustainable use through traditional knowledge, practices, and innovations.1 It provides for equitable sharing of benefits arising from the utilisation of these resources with such people.1 India became a signatory to CBD in 1994.[5] Under CBD, two protocols have been adopted: (i) Cartagena Protocol on biosafety (2003), and (ii) Nagoya Protocol on access and benefit sharing (2014).[6] India ratified the Cartagena Protocol in 2003 and the Nagoya Protocol in 2014.5 In light of India’s commitments under CBD, the Biological Diversity Act, 2002 was passed by Parliament. The Act regulates access to biological resources and associated traditional knowledge. It specifies distinct frameworks for regulating access by foreign and domestic entities. It sets up a three-tier structure for regulation: (i) National Biodiversity Authority at the national level, (ii) State Biodiversity Boards at the state level, and (iii) Biodiversity Management Committees at the local body level. The Act provides for sharing of benefits with conservers of biodiversity and holders and creators of associated knowledge. Benefits may be shared in various forms such as: (i) monetary compensation, (ii) sharing of intellectual property rights, or (iii) technology transfer. In December 2021, the Biological Diversity (Amendment) Bill, 2021 was introduced in Lok Sabha, and was subsequently referred to a Joint Parliamentary Committee.[7] The Bill seeks to amend the Biological Diversity Act, 2002 to: (i) encourage the Indian system of medicine and cultivation of wild medicinal plants, (ii) facilitate fast-tracking of processes for research, patent application, and transfer of research results, (iii) decriminalise offences, and (iv) encourage foreign investment in the sector. The Bill also amends the Act to include references to the Nagoya Protocol.
| Item Type: | Documents |
|---|---|
| Keywords: | Biodiversity, Convention on Biological Diversity (CBD), Access Rights, Sustainable Use, Intellectual Property Rights (IPR), Traditional Knowledge, Conservation |
| Subjects: | Biodiversity |
| Depositing User: | Vivek D ICSF |
| Date Deposited: | 28 Jul 2023 06:21 |
| Last Modified: | 28 Jul 2023 06:23 |
| URI: | http://icsfarchives.net/id/eprint/19886 |
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