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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: March 16, 20242024-03-16T12:16:12+05:30 2024-03-16T12:16:12+05:30In: Patent Practice

What is Benefit sharing? Explain the provisions for Benefit Sharing by NBA in Biodiversity Act of India.

Benefit sharing: What is it? Describe the NBA’s benefit-sharing provisions in the Indian Biodiversity Act.

MIR-023
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    1. Himanshu Kulshreshtha Elite Author
      2024-03-16T12:16:34+05:30Added an answer on March 16, 2024 at 12:16 pm

      Benefit sharing refers to the fair and equitable distribution of benefits derived from the use of biological resources and associated traditional knowledge. It aims to ensure that the benefits arising from the commercialization or utilization of genetic resources and traditional knowledge are shared in a mutually agreed and transparent manner, particularly with the indigenous and local communities that have conserved, developed, and passed down these resources and knowledge over generations.

      In the context of biodiversity conservation and sustainable use, benefit sharing recognizes the contributions of indigenous peoples, local communities, and traditional knowledge holders to the conservation and sustainable management of biological diversity. It seeks to address historical injustices, promote social equity, and incentivize the conservation and sustainable use of biodiversity by providing tangible benefits to those who have traditionally safeguarded and nurtured natural resources and traditional knowledge.

      In India, the provisions for benefit sharing are outlined in the Biological Diversity Act, 2002, and are enforced by the National Biodiversity Authority (NBA), a statutory body established under the Act. The NBA is responsible for implementing the provisions related to access to biological resources and associated traditional knowledge, as well as the equitable sharing of benefits arising from their utilization. Here are the key provisions for benefit sharing by the NBA under the Biological Diversity Act of India:

      1. Prior Informed Consent (PIC):
        The Biological Diversity Act mandates that any person or organization seeking to access biological resources or associated traditional knowledge for commercial or research purposes must obtain prior informed consent (PIC) from the concerned indigenous or local communities. PIC ensures that communities are adequately informed about the intended use of their resources and knowledge and have the opportunity to provide their consent or withhold it.

      2. Mutually Agreed Terms (MAT):
        Access to biological resources and associated traditional knowledge is subject to the negotiation and establishment of mutually agreed terms (MAT) between the user and the indigenous or local communities. MAT define the conditions, terms, and modalities for access, use, and benefit sharing, including the sharing of monetary and non-monetary benefits, such as royalties, technology transfer, capacity building, and participation in research and development activities.

      3. Benefit Sharing Fund:
        The Biological Diversity Act provides for the establishment of a National Biodiversity Fund (NBF) and State Biodiversity Funds (SBFs) to facilitate the equitable sharing of benefits derived from the commercialization or utilization of biological resources and associated traditional knowledge. These funds support biodiversity conservation, sustainable livelihoods, and community development initiatives in areas where biological resources are accessed or utilized.

      4. Monitoring and Compliance:
        The NBA is responsible for monitoring compliance with the provisions of the Biological Diversity Act, including the implementation of benefit sharing agreements and the utilization of funds generated through benefit sharing arrangements. The NBA ensures transparency, accountability, and equitable distribution of benefits to indigenous peoples, local communities, and traditional knowledge holders.

      Overall, the provisions for benefit sharing by the NBA under the Biological Diversity Act of India aim to promote the conservation, sustainable use, and equitable sharing of benefits derived from biological resources and associated traditional knowledge. By recognizing the rights of indigenous and local communities and ensuring their participation in decision-making processes, benefit sharing contributes to biodiversity conservation, poverty alleviation, and sustainable development in India.

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