Regulating access to genetic resources and promoting benefit sharing in India

Rana, R.S. (2010) Regulating access to genetic resources and promoting benefit sharing in India. Indian Journal of Plant Genetic Resources, 23 (3). pp. 253-264.

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The Convention on Biological Diversity (CBD) recognizes sovereign rights of States over their bioresources and also on determining terms of accessing to them, subject to their national legislation. India is among the 193 Contracting Parties to CBD and enacted the Biological Diversity Act, 2002 to claim sovereign rights over its bioresources, and associated traditional knowledge (TK), and to meet its national obligations on conservation of biodiversity, sustainable use of its components and fair and equitable sharing of benefits arising from their utilization. This legislation, and the Biological Diversity Rules, 2004 framed under it, provide a three-tier legal framework for regulating access to bioresources (and associated TK) while ensuring fair and equitable sharing of resulting benefits. For a national legislation on access and benefit sharing (ABS) to be effective, its recognition at the international level is essential so as to provide enabling legislation in user countries and also to support an effective monitoring mechanism for proper realization of the equity benefits. Adoption of the Nagoya Protocol to CBD on ABS on 29 October, 2010 during the COP-10 meeting, held in Japan, is the first step in this direction. This paper presents salient features of this landmark national legislation, discusses its implications to biodiversity-related international treaties bearing on this subject and also overviews the progress made in implementing its provisions while making some suggestions as the way forward.

Item Type: Article
Author Affiliation: Member, National Biodiversity Authority, India and Former Director, National Bureau of Plant Genetic Resources, New Delhi-110 012
Subjects: Crop Improvement > Genetics/Genomics
Divisions: Other Crops
Depositing User: Sandhya Gir
Date Deposited: 17 Jan 2011 18:11
Last Modified: 17 Jan 2011 18:12
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