India "2002 National Biodiversity Act" (NBDA) There are 3 Big goal: Conservation of biodiversity, Sustainable use of biodiversity and fair and equitable sharing of benefits arising from the use of biological resources. The bill has now been passed "2023 Annual biodiversity (amend) bill" ( "amendment" ) revised. The amendment has been made 2023 years 8 month 3 Sunari "Government gazette" Publish on, Different remedies have been introduced for Indian entities to protect their intellectual property rights, And will violate NBDA Decriminalization of prescribed acts. At the same time, The new bill also makes some changes, expanded NBDA Scope of application.

NBDA One of the most important corrections, Indian-controlled companies will no longer be part of the No 3 article (2) paragraph (c) item (ii) Small term defined "Body corporate, Association or organization" . Incorporated and registered in India, Controlled and managed by Indians, But a company whose shares are held by any non-Indian entity without restriction due to its listing on a stock exchange, Can now be based on the No 3 article (2) paragraph (c) item (ii) Minor items are exempted.

According to the amendment, Only those companies that are controlled by a foreign enterprise despite being incorporated and incorporated in India are included NBDA The first 3 article (2) paragraph (c) item (ii) Category of small terms, What is called "Foreign-controlled companies" Refer to "2013 Annual company Act" The first 2 article (42) A foreign company controlled by a foreigner. The amendment exempts Indian companies that have foreign ownership but are controlled by Indians NBDA The first 3 article (2) Category of paragraph.

For Indian entities, Another important change, NBDA The first 7 Individuals in the article obtaining intellectual property protection do not need to obtain it from the National Biodiversity Authority in advance (NBA) Get permission. The amendment introduces another new clause, Viz 6 article (1A) paragraph, The article requires that no 7 The article refers to an Indian national or entity whose invention is made within or outside India (The invention is based on research or information related to biological resources in India, Includes research or information stored in databases outside India or traditional knowledge related to it) When applying for intellectual property rights, Must be obtained before the intellectual property license NBA register.

That means belonging to No 7 An Indian national or entity does not need to go through a lengthy period NBA Approval process, Just before the patent is granted NBA Sign in. This will not only speed up the granting of intellectual property rights to Indians／Speed of patents, And it will get shorter NBA Office process, Because there's no need to talk to NBA Sign access and benefit-sharing agreements.

however, Indian nationals acquiring biological resources for commercial exploitation of intellectual property are required to notify the National Biodiversity Board in advance (SBB) , And request NBA Approved for commercial use. The amendment introduced a new provision, Viz 6 article (1B) paragraph, regulation 7 Any person must obtain the intellectual property prior to commercialization NBA Approval of. In addition, Indian citizen or body corporate only in advance to the relevant SBB After notice, And only in accordance with the No 23 Articles and ordinances 24 Article after approval, To gain access to biological resources and their knowledge and put them to commercial use.

In view of the above, Access to biological resources for commercial exploitation or commercial use of intellectual property is required NBA and SBB Approval of. When applying for intellectual property rights, Only need in NBA Sign in. however, When intellectual property is commercialized, Requires NBA Approval letter and signing of access and benefit sharing agreement.

The amendment also changes NBDA Stipulated penal provisions, Increased the amount of fines, And exempted from imprisonment for violations of the Act. The revised No 55 Article against violation of Article No 3, 4 or 6 The penalties provided for in this article have been amended, The minimum penalty is 10 Lakh INr, Up to 50 Lakh INr. however, If the damage caused exceeds the fine amount, The punishment should be proportionate to the damage caused.

If you do not comply or continue to violate the law, Additional fines may be imposed, But not more than 1000 Lakh INr. The amendment omits the penalty of imprisonment, And in accordance with 55 article (A) Appoints a adjudicatory officer to investigate or impose penalties under the Act. Anyone who is dissatisfied with the order of the adjudicator can appeal "2010 National Green Court Act" The first 3 Article established the National Green Tribunal to appeal.

The amendment was also expanded NBDA Exemption provided. Such as, right NBDA The first 40 The article was amended, for NBDA The first 7 The entities covered by the article provide exemptions for the use of agricultural waste and the cultivation of medicinal plants and their products. however, The first 6 article (1) and (2) The activities provided for in paragraph 1 shall not be exempted.

before, This exemption applies only to the use of biological resources that are normally traded as commodities or of articles derived from those resources. The extension of the exemption aims to promote fair trade in agricultural waste, And promote the use of cultivated medicinal plants and their products to promote the development of the herbal and Ayurvedic medicine industry.

Another example of extending immunity is, According to the law 7 article, Indigenous people and communities, Including growers and cultivators of biodiversity and herbalists, Access to biological resources for commercial use without prior notice SBB. This exemption is now extended to registered Ayurvedic practitioners who have been practising medicine. In addition, Under amendment 7 article, Access to codified traditional knowledge, Cultivated medicinal plants and their products do not require prior notice SBB.

"Biological resources" The word is decided NBDA The scope of, Because it defines which materials are subject to the legal provisions of the Act. though "Biological resources" The definition is always confusing, But the amendment seeks to eliminate it "by-product" The word was introduced "Derivatives of biological resources that have actual or potential use or value to human beings" To redefine it.

The first 2 article (fa) A surname "derivate" The term is defined as "Even if it does not contain genetic functional units (functional units of heredity) , But belongs to the metabolism of naturally occurring biochemical compounds or biological resources" . therefore, "Biological resources" The term is extended to include derivatives including biological waste that may be useful to humans. Since value-added product definition does not change, The revision brings more restrictions on the use of biological resources.

The amendment further clarifies some provisions, To avoid confusion. Such as, "Acquire" The term is defined as "Collected for research or biological investigation or commercial use, Procuring or possessing any biological resource or traditional knowledge associated with it that is produced in or obtained from India" . same, The first 4 The amendment clarifies if the research results are transferred for the purpose of conducting further research, Then the transferor only needs to be NBA Sign in. however, If the research results are transferred for the purpose of commercial exploitation or acquisition of intellectual property within or outside India, It needs to be obtained in advance NBA Approval of. Such as, The Indian researchers transferred the mutant strains developed with improved fermentation capabilities to foreign research institutions for further study, They just have to follow the rules NBA Sign in. however, If the purpose of the transfer is to make commercial use of the mutant strain in the beer industry or to acquire the intellectual property rights of the mutant strain, It must be obtained in advance in a prescribed manner NBA Give permission to.

The amendment to the law has simplified the patent application procedure, Expedited the process of granting patents to Indian nationals. The amendment to decriminalize violations of the provisions of the Act may be in consideration of the lack of awareness of the provisions of the Act among stakeholders. amendment NBA and SBB The operation is clearer. The first 7 Article provides for the use of codified traditional knowledge, Exemptions for the cultivation of medicinal plants and their products as well as exemptions for registered practitioners of Ayurveda will benefit indigenous people, By extension control 40 The scope of biological resources exempted in this article will improve the ease of doing business for domestic companies. (Be compiled from www. lexology. com)

TRANSLATORS: Rason group　proofread: Wang Dan



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