Principles

 

The object of enacting the Biological Diversity Act, 2002, is to provide for ''Conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of benefits arising out of commercial use of biological resources and associated traditional knowledge''.

The conservation of the rich biodiversity of the country through regulated access and protection from over-exploitation by way of sustainable practices in addition to sharing a small percentage of the benefits obtained from the use of biological resources by the stakeholders, which is further utilized for the conservation of biological resources, is the crux of the Act and the Access and Benefit Sharing (ABS) principle.

 

The regulation of commercial utilization of bio-resources by industrial sectors and entities is the one of the main mandates of the Karnataka Biodiversity Board. Commercial utilization of biological resources has to be intimated to the State Biodiversity Boards concerned (section 7 of the BD Act, 2002) along-with sharing of benefits as per the ABS Regulations of 2014 notified by the Ministry of Environment Forests and Climate Change, on 21st Nov 2014.

 

Entities accessing bio-resources, after due approvals, are also required to submit the Access and Benefit Sharing (ABS) obligation to the as per the ABS Regulations, 2014. The ABS Regulations, 2014, prescribe the percentages of the benefit sharing component and range from 1-3% for traders and 3-5% for manufacturers utilizing bio-resources for commercial purposes (as per regulation 3). The entities also have an option of sharing benefits based on the annual gross ex-factory sales of the products and these range from 0.1-0.5% on graded scales (as per regulation 4). The ABS percentages for transfer of research results, Intellectual Property Rights and third party transfer of bio-resources or the associated knowledge are also laid down in the ABS Regulations, 2014.

 

The offences of non-compliance of the provisions of the Act, are cognizable and non-bailable as per Section 58 and attract penalties as under sections 55 and 56 of the BD Act, 2002.

 

Last Updated: 19-05-2020 05:02 PM Updated By: Admin



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