Tuning Indian Bio Diversity Laws with Nagoya Protocol: An Analysis
Keywords:
Biological diversity, Biological Diversity Act, 2002, Patent Application ProcedureAbstract
The conservation of biological diversity is a serious and common concern. The better management of biological resources and biodiversity is essential for the welfare of human beings. As per the international obligation the Government of India, enacted the Biological Diversity Act, 2002. This Act provides conservation of biological diversity, presently there are many lacunas are present in this Act. But the cumbersome process regarding the permission and application of patent is the most impeding provision. New amendment in Biological Diversity Act 2002 endeavors to tune it with the Nagoya Convention. Secondly to remove the lacunas of the present Act and to create a favorable climate for collaborative research and investment. In new amendment Act it is also aimed to simplify the patent application procedure. In new amendment Act Ayush practitioners have been exempted from the Act’s scope. In new amendment Act seeks to bring more foreign investment in biological resources, research, patent and commercial utilization, without compromising the national interest. The major concern with the amendment bill is that the corporate or foreign interest could use the loopholes of permission given to traditional medicine and use it for commercial purposes, without sharing the benefits with the conservers of biodiversity. It is imperative that new laws not only be regulatory, but also be executed with the involvement of local people, particularly village sabhas and panchayats.
Downloads
References
1. Andy P & Andy H, Getting the measure of biodiversity, Nature Insight Biodiversity,
Vol. 405, no. 6783, May 2000, p.212
2. http://www.worldwildlife.org/pages/what-is-biodiversity (Last accessed on 3/3/22)
3. Heywood, V. H., & Watson, R. T. (1995). Global biodiversity assessment (Vol. 1140).
Cambridge: Cambridge university press.
4. Biological Diversity Act 2002.
5. Kannaiyan S. Overview on Biological Diversity Act 2002, at,
http://nbaindia.org/uploaded/docs/biological-diversityact-ii.pdf. (Last accessed on
3/3/22)
6. https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII8&chapter=27 (Last accessed on 13/3/22)
7. Section 8 of Biological Diversity Act 2002
8. Section 4 of Biological Diversity Act 2002
9. Section 3 of Biological Diversity Act 2002
10. Section 5 of Biological Diversity Act 2002
11. Section 22 of Biological Diversity Act 2002
12. Section 7 of Biological Diversity Act 2002
13. Section 41 of Biological Diversity Act 2002
14. Rule 22 (6) Biological Diversity Rules 2004
15. Rule 22 (9) Biological Diversity Rules 2004
16. https://www.iucn.org/theme/global-policy/our-work/convention-biological-diversitycbd/nagoya-protocol (Last accessed on 13/3/22)
17. http://164.100.47.4/BillsTexts/LSBillTexts/Asintroduced/158_2021_LS_Eng.pdf
(Last accessed on 13/3/22)
18. https://main.ayush.gov.in/ (Last accessed on 17/3/22)
19. https://cdn.ayush.gov.in/wp-content/uploads/2022/02/NLEAM-aush-booklet1stEd.pdf (Last accessed on 17/3/22)
20. Amendment Section 6 of Biological Diversity Act 2002
21. https://www.cbd.int/abs/nagoya-protocol/signatories/ (Last accessed on 24/3/22)
22. Amendment Section 3 & 4 of Biological Diversity Act 2002
23. https://www.startupindia.gov.in/content/sih/en/governmentschemes/ayush_international_cooperation.html (Last accessed on 26/3/22)24. https://www.niti.gov.in/sites/default/files/2021-
03/InvestmentOpportunities_HealthcareSector_0.pdf (Last accessed on 26/3/22)
25. Wilder, R. (2001). Protection of traditional medicine. Commission on
Macroeconomics and Health.
26. https://www.wordsense.eu/bioutilization/ (Last accessed on 26/3/22)
27. Biological Diversity Act 2002.
28. https://blog.ipleaders.in/overview-biological-diversity-act-2002/ (Last accessed on
26/3/22)
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
