FAQ's

No. Scientists, researchers, and students are not required to obtain prior approval from the NBA for comparing holotype or herbarium samples within institutions such as herbaria, museums, universities, BSI, or ZSI. However, prior approval from the NBA is mandatory for taking such materials outside India.

Yes, permission from the NBA is required even if a biological resource is procured/ accessed from the market or a trader.

The responsibility for determining whether a material qualifies as a value-added product, biological resource, or derivative lies with the NBA. The NBA reviews each application on a “case-by-case basis”, considering the nature of the resource, how it aligns with the definitions provided under the Act and Rules.

• No. If the transferee {Section 3(2) entity} wants to utilise the obtained results of research for further research, they need to register with the NBA in Form-4.
• Similarly, for further commercial utilisation of the results of the research, prior approval of the NBA has to be obtained in Form-5. For obtaining any IPR within or outside India, prior approval from the NBA is required in Form-6 as per Rule 15 of the BD Rules,2024.
• In the case of accessing biological resources along with the obtained results of research for further research, prior approval from the NBA is required in the application in Form -1.

If a Section 3(2) applicant accesses certain biological resources, including digital sequence information or knowledge associated thereto, for research, the applicant has to pay the upfront payment as determined by the NBA. However, this upfront payment is not applicable in cases where the research is undertaken for academic purposes.

The biological resources notified under Section 40 of the BD Act are exempted when normally traded as commodities. However, obtaining IPR for the inventions based on the use of such notified biological resources is not exempt from the provisions of the Act.

There is no contradiction between the provisions of the two Acts regarding access/management of forest resources by the local communities as Section 7 of the BD Act clearly states that the local people and communities of the area, including growers and cultivators of biodiversity, are exempted from the provisions of the BD Act, 2002.

Further, Section 59 of the BD Act states that the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law, for the time being in force, relating to forests or wildlife. This ensures legal harmony between the BD Act and other environmental / forest related legislations including the Forest Rights Act, 2006.

Prior approval of the NBA is required before accessing the DNA sequence from a foreign microbial repository for undertaking research. You must apply in Form-1, as accessing the biological resources occurring in or obtained from India or digital sequence information on biological resources which are accessed from India, including those deposited in repositories outside India, is regulated under the provisions of the BD Act.

Yes. Both foreign individuals and entities fall under Section 3(2) of the Act. Hence, such persons have to obtain prior approval of the NBA by applying in Form-1 for access to biological resources or knowledge associated thereto for research or bio-survey and bio-utilisation as per Rule 13 of the BD Rules, 2024.

If an applicant acquires biological resources or associated TK from outside India for purposes such as research, commercial utilization, or seeking lPR in India, they are required to submit a declaration under Form-10 to the NBA. This declaration ensures that the NBA is notified of any access to biological resources or TK of foreign origin.

The BD Act, 2002 received the assent of the President on February 05, 2003. However, the provisions of the BD Act related to administrative matters came into force on October 01, 2003 and the provisions related to Access and Benefit Sharing came into force on July 01, 2004.