Access and Benefit-Sharing (ABS) framework

Table of Contents

Context

The National Biodiversity Authority (NBA) has realised an amount of ₹2.40 crore under the Access and Benefit-Sharing (ABS) framework in the last 45 days.

About Access and Benefit-Sharing (ABS) framework

Access and Benefit-Sharing refers to the way genetic resources (plants, animals, microbes) are accessed and how the benefits resulting from their use are shared between the people or countries using the resources (users) and the people or countries providing them (providers).
Legal and International Framework
- The Nagoya Protocol (2010): A supplementary agreement to the Convention on Biological Diversity (CBD). It provides a transparent legal framework for the effective implementation of ABS.
- Biological Diversity Act, 2002: It mandates that anyone using India’s biological resources for commercial purposes must share a part of the revenue with the local communities (the “custodians” of biodiversity).
- Procedure
  - Prior Informed Consent (PIC): Users must get permission from the provider country before accessing resources.
  - Mutually Agreed Terms (MAT): A contract is signed specifying how the resource will be used and how benefits (monetary or non-monetary) will be shared.
  - Benefit Sharing: Benefits can include royalties, joint ownership of Intellectual Property Rights (IPR), or technology transfer to local communities.

About National Biodiversity Authority (NBA)

A statutory autonomous body under the Ministry of Environment, Forest and Climate Change (MoEFCC).
Established in 2003, to implement the Biological Diversity Act, 2002.
Headquarters:Chennai, Tamil Nadu.
The NBA operates through a decentralized system to ensure grassroots participation:

National Level: National Biodiversity Authority (NBA).
State Level: State Biodiversity Boards (SBBs) – handle approvals for Indian citizens/entities.
Local Level: Biodiversity Management Committees (BMCs) – responsible for preparing People’s Biodiversity Registers (PBRs).

Functions
- Regulatory Role: It regulates activities like access to biological resources and sharing of benefits. Foreign individuals or entities require prior approval from the NBA to access India’s biodiversity.
- Advisory Role: It advises the Central Government on matters relating to the conservation of biodiversity and sustainable use of its components.
- IPR Oversight: No person can apply for an Intellectual Property Right (patent) for an invention based on any biological resource obtained from India without the NBA’s approval.
- Litigation: It can take measures to oppose the grant of IPR in any country outside India on biological resources or associated traditional knowledge derived from India (e.g., fighting “biopiracy”).