Prior to the Convention on Biological Diversity (CBD) becoming effective in 1993, biodiversity was considered to be the heritage of mankind; however, with the enactment of the CBD, contracting states were given sovereign rights over their biological resources. India is home to the Western Ghats and the Northeast Himalayas, two important biodiversity hotspots out of the world’s 25.
Hence, to limit such unauthorized use of indigenous biological resources and traditional knowledge associated thereto, Section 6 of the act comes into play and requires the applicant for patent to obtain NBA approval even after acceptance of the patent but before the grant of patent.
Orissa Mining Corporation Ltd. National Biodiversity Act & Earth Summit: In Earth Summit 1992, Convention on Biological Diversity (CBD) was also ratified alongwith UNFCCC (to mitigate the effect of climate change) for conserving the biodiversity… it stipulates that if there is direct violation of specific statutory environmental obligation or then environmental ..... Court : National Green Tribunal Principal Bench New Delhi. 1). Similarly, in Divya Pharmacy v. State of Uttarakhand, the court decided that the Uttarakhand SBB has jurisdiction to demand benefit-sharing amount from Divya Pharmacy, thus clarifying that domestic companies procuring biological resources are at par with foreign entities under Section 3(2) when it comes to benefit sharing obligations under the ABS Guidelines, 2014.
Contravention of the act or abetment thereof is a cognizable and non-bailable offense and is punishable by imprisonment and/or fine. Elgon Forest in Kenya, Criteria and indicators for sustainable forest management, Assessing human well-being in sustainable forest management, Developing the Local Natural Resource Management Plan: A Guide to Facilitators, Integration of Biodiversity Aspects in Strategic Environmental Assessment of Nepal Water Plan and Environmental Impact Assessment of Operational Forest Management Plans in Nepal, Case Study: Improved Use of Forests in the Solomon Islands, Case Study: Improved Ecotourism in Sumatra, Indonesia, Case Study: The Importance of Local Benefits from Ecotourism in Indonesia, Traditional Kwifon rules protect natural forests and regulate their use, Transfer of environmentally sound technologies for sustainable forest management: an overview, Impact of forest logging in the Dja biosphere reserve, Cameroon, Romania: Case study on the integration of biodiversity into national environmental assessment procedures, The conservation of littoral forests in Madagascar, Informe de la Dirección de Fauna y Flora Silvestres de de los casos más relevantes de invasiones biológicas en la República Argentina, Riley Encased Methodology (REM) for mangrove restoration, Reclaiming the nature preserve of Kër Cupaam in Senegal by using green firebreaks and reforestation, Results and prospects of development of ecological tourism in Crimea If the biological resources handled, researched, developed, multiplied, produced etc., contain any strain of an Indian germplasm (biological resource) then prior approval of NBA is required. The National Biodiversity Authority is mandated to regulate use of India’s biological resources; facilitates/ enable conservation action and provides advice to Central and State Governments on issues of conservation, sustainable use and access and benefit sharing. Though all these legislations laid impetus on the conservation of the environment, yet none of them properly addressed all the dimensions of the ecological and biodiversity preservation.
The applicant is required to send his reply statement within the stipulated time failure of which lead to imposition of penalty and or damages as per Section 55 of the act. sandalwood and red sandalwood transit rules, 1969, wild life (protection) act, 1972, biological diversity act, 2002 and under the provisions of the indian penal code. Should the NBA find the reason stated above to be satisfactory, it shall notify the applicant accordingly within the stipulated time. Neither the central nor state governments appear to be bothered about mitigating anthropogenic disasters by implementing the Biological Diversity Act, which is supposed to provide suitable remedial measures for all human-made evils.
Moreover commercial utilization has been defined in section 2, which also specifically excludes traditional practices and use in agriculture, horticulture, poultry, dairy farming, animal husbandry etc. Examination of the application by the authority must be expedited so that approval may be granted without any time lag. the purpose of the biodiversity act is to, inter alia, realize equitable sharing of benefits arising out of the use of biological resources and ..... them free of disease or to increase their economic value or that of their products.?
the decline in environmental quality has been evidenced by increasing pollution, loss of vegetal cover and biological diversity, excessive concentrations of harmful chemicals ..... ..... the state government is also obliged to respect the object and intention of such enactment and all its actions and decisions should be one conforming the provisions of the biological diversity act, 2002 and rules framed thereunder, both in letter and spirit. 107). Dispute Resolution - Commercial Litigation, Dispute Resolution - International Arbitration. 39 Cross-sectoral toolkit for the conservation and sustainable management of forest biodiversity: Thompson, I. and Christophersen, T., eds. , ? If all material from outside India used to produce the plants in India by a company, then no approval of the NBA is required for the export of the end products. Change ), You are commenting using your Facebook account. The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization forms the basis for the implementation of the third important objective of the CBD. In case of third-party transfer of IPR, all rights and obligations shall be binding upon the assignee or licensee or legal representative of the applicant, as the case may be. The benefit claimers are conservers of biological resources, creators and holders of knowledge and information relating to the uses of biological resources. act defines substantial question relating to environment. Brinjal is a word commonly used in South Asia for eggplant or aubergine. Moreover, in case of pre-grant opposition under Section 25(1), clauses (d), (f), (j), and (k) provide ground for revocation of the patent, and in case of post-grant opposition, granted patents shall still be revoked under clauses (d), (f), (j) and (k) of Section 25(2) of the Patents Act. Furthermore, India also became a signatory to various other ecological as well environmental laws, such as the[iv] 1. forest act, a.p. If there is no transfer of the biological resource and the same is being sent only for the purpose of carrying out some research or tests for and on behalf of the company, prior approval applied under Form I is sufficient. All matters relating to access by Indians for commercial purposes will be under the purview of the concerned State Biodiversity Boards. Reserva de Biosfera Maya, Caso de la OMYC Uaxántun, Petén, Guatemala, Project for Ecosystem Management in the Periphery of the Nouabalé-Ndoki National Park -PROGEPP, Pygmy Communities, LoggersiIn Congo Use GPS, Community Radio to Protect Cultural Sites, Case Study: Improved Agro-Forestry in Costa Rica, Reduced Impact Logging (RIL) provides environmental and economic benefits, Example of Non-Governmental Organizations Assisting Forest Concessions, Case Study: Austria - Incentive for Best Practices in Farming, Two Case Studies: On Improved Local Governance in Tanzania, Livelihoods, natural resources entitlements and protected areas: The case of Mt.
further ..... out of implementation of schedule-i enactments.
It also provides financial support for establishment of BMCs and working close with the Ministry of Panchayat Raj. The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), long title An Act relating to the protection of the environment and the conservation of biodiversity, and for related purposes, is an Act of the Parliament of Australia that provides a framework for protection of the Australian environment, including its biodiversity … 46. chapter iii of the act deals with recognition, restoration and vesting of forest rights and related matters. At the national level, the National Biodiversity Authority (NBA) is established to deal with all matters relating to implementation of the Act and the Rules.
The mode of payment of fair and equitable benefit sharing shall be monetary and/or non-monetary benefits. Value-added products are exempted from the act so that their export is not hampered. The National Biodiversity Authority (NBA) is the competent authority responsible for the implementation of the act. The Act has a unique system of governing access and benefit sharing (ABS) through the NBA, SBBs and BMCs formed at different levels.
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