Decoding the Biological Diversity (Amendment) Act, 2023
Indian biodiversity holds vast potential, significantly influencing sectors like agriculture, forestry, fisheries, and biopharmaceuticals, among many others.
The article, published in the Biospectrum Magazine, undertakes a meticulous dissection of the recent amendments under the Biological Diversity Amendment Act, (BDA Act) and covers BDA Act’s pivotal amendments, sectoral implications and its strategic role in steering India towards its $300 billion bio-economy target by 2030.
Decoding the Amendments to the Biological Diversity Act (2023)
On 3 August 2023, India introduced significant changes to its Biological Diversity Act (BDA) 2002 through the Biological Diversity (Amendment) Act 2023 (the amended Act).
Originating from the United Nations Convention on Biological Diversity signed in Rio de Janeiro, the BDA aims to ensure the conservation and sustainable use of India’s biological resources. It also establishes a framework for fair and equitable sharing of benefits derived from the use of these resources. Over the years, both local and international organisations have grappled with complexities and obligations laid down by the BDA. The recent amendments, therefore, aim to provide clarity, particularly benefiting Indian enterprises.
The India Biological Diversity Act: A review of the Amendment Bill 2021
When the Intellectual Property Appellate Board was suddenly abolished in April, lawyers across India were taken by surprise. Espie Angelica A. de Leon finds out just what lawyers are thinking of its abolition in this eulogy to the IPAB.
It is important for countries like India, with diverse biological resources, to have regulations on access and use of biological resources. At the same time, the applicability of these regulations becomes equally important. The “Biological Diversity Act” [henceforth referred to as “Act”] enacted in 2002, has gained a lot of attention in recent years in view of the National Biodiversity Authority’s (NBA) active enforcement of the key provisions of the Act. Currently, all foreign entities engaged in research and commercialisation involving any Indian biological resource, have to sign benefit-sharing agreements even before initiating research. Further, if any intellectual property (IP) rights are sought involving such research, both Indian and foreign entities must enter into benefit sharing agreements in lieu of permission by the NBA. Any such patent will remain pending until such time as the necessary permission from NBA is submitted to the Indian Patent Office. In addition, contravening the provisions attract criminal penalties. All this has led to widespread discussions on possible simplification and clarity in the Act.
The Indian Biological Diversity Act: A Review of the Amendment Bill 2021
A great criminal defense lawyer knows the ins and outs of the legal system, and may be able to spot certain arguments and factors that could mitigate or even negate a potential crime.