The Hindu Business Line : No free access to bio-resources

IN what will be a shot in the arm for the country's genetic reserves — foreign companies, institutions and individuals will no longer be allowed free access to the country's diverse biological resources under the provisions of the Biological Diversity Bill 2002.

The Rajya Sabha today passed the Bill, which was earlier unanimously passed by the Lok Sabha.

India is the first among the 12 mega diversity nations to develop such a legislation and the Union Environment and Forests Minister, Mr T.R. Baalu, said that the legislation sought to regulate access to genetic resources and associated knowledge by foreign individuals and institutions and to ensure equitable sharing of benefits arising out of the use of resources and knowledge with the country and its people.

The Bill provides necessary safeguards to protect the interests of local people, growers and cultivators of biological diversity, as well as Indian researchers. It also seeks to create a three-tier structure comprising of National Bio-diversity Authority (NBA), State Bio-diversity Boards (SBB) and Bio-diversity Management Committees (BMC) to regulate access to the diverse plant and animal genetic resources in the country.

The NBA's approval will be required before obtaining any form of intellectual property rights on an invention based on a biological resource from India or on a traditional knowledge. NBA will deal with all cases of access by foreigners.

Commercial use by local firms, entities and persons will be subjected to prior intimation to SBBs. BMCs will maintain registers of local knowledge and resources and will be consulted by the NBA before giving permission for use of resources within their jurisdiction. Hakims, vaids and other practitioners of Indian Systems of Medicine are exempted from intimating the SBBs.

Indian citizens, companies are allowed free access to use biological resources within the country for research purposes. However, if these research findings were to be transferred to foreign individuals and companies, it would require the NBA's approval.

The legislation also provides for the setting up of Bio-diversity Funds at Central, State and local levels. Benefits will be given directly to individuals or group of individuals in cases where biological resources or knowledge are accessed directly from them.

The Bill provides for the recognition and protection of traditional knowledge associated with the use of diverse biological resources.

An enabling provision for protecting traditional knowledge has been made in the Bill.

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