Definition
The Biological Diversity Act, 2002 — which regulates access to India's biological resources and associated traditional knowledge, requiring benefit-sharing with local communities and the National Biodiversity Authority for commercial or research use of India's biodiversity.
The Biological Diversity Act, 2002 implements the Convention on Biological Diversity (CBD) and the Nagoya Protocol in India. Key provisions: (a) any person (including Indian) seeking to access biological resources for commercial or research purposes must obtain prior approval of the National Biodiversity Authority (NBA); (b) Indian citizens/organisations can access biological resources for research/biodiversity surveys without prior NBA approval but must inform the State Biodiversity Boards; (c) no foreign individuals/companies can obtain biological resources or associated knowledge without NBA approval; (d) benefit-sharing is mandatory — the NBA determines the fair terms for sharing benefits derived from biological resources with local communities; (e) Biodiversity Management Committees (BMCs) must be constituted at local body level to manage biodiversity and maintain People's Biodiversity Registers (PBRs).
Statutory Definition
Section 3(1), Biological Diversity Act, 2002: 'No person shall, without previous approval of the National Biodiversity Authority — (a) obtain any biological resource occurring in India or knowledge associated thereto for research or for commercial utilisation or for bio-survey and bio-utilisation; (b) transfer the results of any research relating to any biological resources occurring in, or obtained from, India.' Section 6: prior approval of NBA required for application for Intellectual Property Rights on inventions based on biological resources from India.
Etymology & Origin
From 'bio' (Greek 'bios' — life) + 'diversity' (variety, from Latin 'diversitas') + 'act.' The Biological Diversity Act is legislation about the diversity of life — the variety of living organisms — and their protection from unregulated commercial exploitation.
Full Legal Analysis
Biodiversity Act: Protecting India’s Genetic Heritage
India is one of the world’s 17 megadiverse countries — home to extraordinary biological diversity. This richness has historically been exploited without benefit-sharing: pharmaceutical companies, researchers, and breeders have accessed Indian plants, animals, and microorganisms, developed commercial products, and left nothing for the communities that maintained these resources for generations. The Biological Diversity Act, 2002 closes this loophole, requiring access and benefit-sharing (ABS) for commercial use of India’s biological resources.
The Three-Tier Structure
(a) National Biodiversity Authority (NBA): Central body; regulates access by foreigners and approval of IP rights on biological resources. (b) State Biodiversity Boards (SBBs): State bodies; regulate access by Indians (citizens/organisations) for commercial purposes. (c) Biodiversity Management Committees (BMCs): Local body level; document biodiversity in People's Biodiversity Registers (PBRs); control access to local biological resources.
Section 6: Prior NBA Approval for IP Rights
Section 6 BD Act requires any person applying for an IP right (patent, trademark) on an invention based on biological resources from India to first obtain prior approval from the NBA. This prevents 'biopiracy' — where foreign entities obtain patents on products derived from India's biological resources (and associated traditional knowledge) without compensating the communities that developed/maintained those resources. Famous biopiracy examples that motivated this provision: the US patent on turmeric's wound-healing properties (later cancelled) and the neem/basmati controversies.
“Biodiversity is the accumulated work of millions of years of evolution — and of thousands of years of human cultivation, selection, and traditional knowledge. The Biological Diversity Act says: this heritage belongs to all, and those who profit commercially from it must share those profits with those who maintained it. Access comes with accountability.”
This Term in Indian Statutes
Biological Diversity Act, 2002, 2002
"No person shall apply for any intellectual property right, by whatever name called, in or outside India for any invention based on any research or information on a biological resource obtained from India without obtaining the previous approval of the National Biodiversity Authority."
Biopiracy prevention: NBA approval required before applying for IP rights on inventions based on India's biological resources — benefit sharing with local communities
