MoEF notifies rules to monitor and regulate the use of biological resources

Under these Rules prior approval of authority will be needed before grant of IPR.

ministry of environment, forest and climate change

On 22-10-2024, the Ministry of Environment, Forest and Climate Change notified the Biological Diversity Rules, 2024 to monitor and regulate the use of biological resources and knowledge associated with it. The provisions will come into force on 25-12-2024.

Key Points:

  1. Chairperson of the National Biodiversity Authority (‘Authority’):

    • Appointment: by the Central Government (‘CG’) on the following basis:

      Deputation basis including short term contract- the applicant should not be below the rank of Additional Secretary to the Government of India (‘GoI’).

      Selection from outside the Government.

    • Term:

      ✓ Chairperson will hold the office for 3 years and will be eligible for re-appointment.

      ✓ Re-appointment will be eligible till the age of 65 years only.

      ✓ Chairperson can resign by giving 1 month notice in writing to the CG.

    • Pay and Allowances:

      Pay of the Chairperson will be equivalent to that of a Secretary of the GoI.

      ✓ In case a retired person is appointed as the Chairperson, the pay will be fixed in accordance with the extant orders of the CG as applicable in the case of a retired person.

      Allowances: Leave, pension, provident fund, medical facilities, rent free accommodation/ house rent allowance as given to the officers of CG of equivalent rank.

  2. Member Secretary of Authority:

    • Member Secretary will be appointed by CG;

    • Pay will be equivalent to that of a Joint Secretary to the GoI;

    • Terms and conditions of appointment will be determined by CG.

    • Member Secretary will be responsible for:

      ✓ convening the meetings, maintenance of records etc.

      ✓ Safe custody of all papers and records;

      ✓ All directions/ resolutions/ orders/ instructions will be under his seal and signature.

  3. Meetings of Authority:

    • It will be held once in 3 months in a year.

    • Special meeting can be called upon a written request from not less than 6 members of the Authority.

    • Minimum notice period for calling upon a meeting:

      ✓ Ordinary meeting: 15 days

      ✓ Special meeting: 3 days

  4. Procedure for access to biological resources and knowledge associated with it:

    • Person seeking approval for access for research or for bio- survey and bio- utilization will have to make an application on the web portal of the Authority in Form 1 and for commercial utilization in Form 2.

    • The fee will be paid electronically or digitally to the National Biodiversity Fund.

    • Any application can get rejected if the Authority considers that the request cannot be acceded to.

    • The approval granted or rejected will be publicized on the Authority’s website.

  5. Authority can restrict access to biological resources and knowledge associated with biological resources if the request for access:

    • is for any threatened or endemic species;

    • Will result in an adverse impact on livelihood/ socio- cultural aspects of local communities;

    • Will result in adverse environmental impacts;

    • Cause genetic erosion;

    • Is for the use of resources for purposes contrary to national interest.

  6. Procedure for registration and obtaining prior approval from Authority before grant of Intellectual Property Rights:

    • Any person applying for any Intellectual Property Right (‘IPR’), in or outside India, for an any invention based on research or information including digital sequence information on biological resources which is accessed from India will have to seek for approval of the authority before grant of IPR, by the competent authority in India or elsewhere.

    • The approval will be in the form of an agreement on mutually agreed terms which be signed by the authorized officer of the Authority and the applicant.

    • The applicant will have to intimate the Authority within 45 days from the date of the grant of the IPR.

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