Biological Diversity Rules, 2024: A Framework for Sustainable and Equitable Use of India’s Biological Resources

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The Biological Diversity Rules, 2024 is a comprehensive legislative document designed to monitor and regulate the use of India’s biological resources and the traditional knowledge associated with them. These rules provide a structured approach to accessing, managing, and distributing benefits derived from these resources while ensuring biodiversity conservation. On October 22, 2024, the Ministry of Environment, Forest, and Climate Change notified these rules, with provisions set to come into effect on December 25, 2024.

1. National Biodiversity Authority (NBA) Application Process

The National Biodiversity Authority (NBA) plays a central role in overseeing applications related to biological resources. Both domestic and international entities must navigate a structured process to obtain permission for resource access, ensuring that India’s biodiversity is utilized sustainably and responsibly.

  • Application Categories: Applications vary depending on the purpose:
    • Research: Applications for non-commercial research have simpler requirements and reduced documentation.
    • Commercial and Intellectual Property Rights (IPR) Usage: For commercial use or patenting, applicants must complete more detailed applications, such as Form-1 or Form-2, depending on intended outcomes.
  • Documentation Requirements: Applicants must submit detailed information about the resources, their intended use, and any associated traditional knowledge. This ensures transparency and helps align resource utilization with conservation objectives.

The NBA’s stringent application process is a proactive measure to safeguard India’s biodiversity while supporting legitimate access to resources for research and commercial use.

2. Appointment and Terms of Key NBA Officials

The NBA’s leadership includes a Chairperson and Member Secretary, whose roles and responsibilities are defined to maintain the Authority’s effective governance.

  • Chairperson:

    • Appointment: The Chairperson is appointed by the Central Government either by deputation or from outside the government. Deputation candidates must be of at least the rank of Additional Secretary to the Government of India.
    • Term: The Chairperson serves a three-year term, with eligibility for reappointment until age 65, and may resign with one month's notice.
    • Pay and Allowances: The Chairperson's pay is equivalent to a Secretary to the Government of India. If the appointee is a retired person, their pay is adjusted according to Central Government rules for retired individuals. The Chairperson is entitled to leave, pension, medical facilities, rent-free accommodation, or a house rent allowance.

  • Member Secretary:

    • Appointment: Appointed by the Central Government, the Member Secretary’s pay aligns with a Joint Secretary to the Government of India.
    • Duties: The Member Secretary is responsible for convening NBA meetings, maintaining records, and overseeing the safe custody of all documents. Official decisions or instructions are issued under their seal and signature.

3. Protection of Traditional Knowledge and Intellectual Property

The Biological Diversity Rules, 2024 emphasizes the protection of traditional knowledge related to biological resources. Recognizing the vulnerability of indigenous knowledge to exploitation, these rules enforce the following measures:

  • Consent and Community Rights: Researchers seeking access to traditional knowledge must secure informed consent from knowledge holders, typically local communities or indigenous groups, which helps prevent exploitation and fosters equitable collaboration.
  • Intellectual Property Protocols: Entities applying for IPR must register with the NBA using Form-8. This registration process enables India to monitor and manage IPR claims linked to traditional knowledge. Applicants for IPR based on biological research conducted in India must also secure prior approval from the NBA before seeking patent rights within or outside India.

These protocols support the preservation of indigenous rights, enabling communities to equitably benefit from commercial applications stemming from traditional knowledge.

4. Benefit-Sharing Mechanisms

Equitable benefit-sharing is a key component of the Biological Diversity Rules, 2024, intended to reward communities involved in biodiversity conservation.

  • Revenue Distribution: A portion of the revenue generated from commercial use is channeled into the National Biodiversity Fund, which finances conservation projects and ensures local communities benefit directly.
  • Sharing Percentages: Benefit-sharing percentages range from 10% to 15%, with allocations directed to the NBA, state biodiversity boards, or local community organizations actively participating in resource conservation.

This system fosters sustainable ecosystems by reinvesting in conservation efforts and acknowledging the contributions of indigenous communities.

5. Meetings of the Authority

The NBA meets regularly to address ongoing conservation needs and operational issues.

  • Regular Meetings: Held every three months.
  • Special Meetings: Can be convened upon written request by at least six NBA members, with a minimum notice of 15 days for regular meetings and three days for special meetings.

6. Dispute Resolution and Appeals

The document also provides clear guidelines for resolving disputes related to biological resources management.

  • Centralized Dispute Resolution: Conflicts between the NBA, state boards, or applicants can be appealed to the Central Government using Form-14. This appeals process facilitates resolution on policy implementation, access permissions, and compliance issues.
  • Community Appeals: Local communities are permitted to appeal decisions that impact their access to biological resources, ensuring their rights and perspectives are valued.

These dispute resolution mechanisms support a transparent, fair regulatory system, enabling equitable management of India’s biological resources.

7. Regulatory Protocols for Research and Development

For research conducted outside India, researchers must adhere to NBA guidelines, especially during emergencies such as pandemics, where rapid data gathering is critical.

  • Emergency Research Protocols: The framework allows the swift transfer of biological resources for urgent studies during health crises, enabling timely research without extended administrative delays but within the bounds of responsible use.
  • International Collaboration Standards: For international sharing of resources or knowledge, the rules mandate compliance with NBA standards, ensuring secure approvals, benefit-sharing, and observance of established NBA conditions.

8. Restrictions on Access to Sensitive Biological Resources

The Biological Diversity Rules, 2024 enables the NBA to restrict access to sensitive biological resources under specific conditions:

  • Conditions for Restriction: Access to biological resources and associated knowledge may be restricted if:
    • The resources involve threatened or endemic species.
    • Access would negatively impact local livelihoods or socio-cultural aspects.
    • The environmental impact is potentially adverse or could lead to genetic erosion.
    • The request contravenes national interests or international agreements.

This restriction protocol prevents potential harm to ecosystems, communities, or national interests.

9. Procedure for IPR Registration and Approval

The rules mandate a pre-approval registration process with the NBA for anyone applying for an IPR on an invention based on biological resources accessed in India.

  • Registration and Approval: Applicants must register with the NBA on Form-7 before the IPR is granted, and notify the NBA within 45 days post-grant.
  • Agreement: Approval is formalized in a mutually agreed agreement, signed by the NBA’s authorized officer and the applicant. This agreement ensures equitable benefit-sharing from commercial use and prevents unauthorized IPR claims.

Conclusion

The Biological Diversity Rules, 2024 present a comprehensive and balanced approach to managing India’s biological resources. By combining a structured application process, protection for traditional knowledge, fair benefit-sharing, and a responsive research framework, these rules encourage both sustainable use and the empowerment of indigenous communities. By aligning scientific progress with ecological preservation, the framework exemplifies responsible biodiversity management that benefits the nation, respects local knowledge, and preserves India’s rich biological resources.

Reference

https://www.legalitysimplified.com/wp-content/uploads/2024/10/Biological-diversity-rules2024-1.pdf

Location: India

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