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ARTICLE · 23 AUGUST 2018

Access And Benefit Sharing Under CBD And The Ayurveda Industry

S.S. Rana & Co.
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The provisions of the BD Act, 2002, have differential restrictions and exemptions, depending on the person involved or the activity envisaged with respect to bio-resources.

IndiaEnvironment
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Plant genetic resources were considered to be heritage of mankind and was shared freely among nations, till the concern for conservation of biological diversity were raised by the Convention of Biological Diversity (CBD), 1993. India being a signatory to CBD, enacted the Biodiversity (BD) Act in 2002, (hereinafter referred as "Act") with three main objectives:

1. conservation of biological diversity,

2. sustainable use of its components, and

3. equitable sharing of benefits arising out of the use of biological resources.

For the effective implementation of the Act, a three-tier system was established with a National Biodiversity Authority (NBA) at the Centre, State Biodiversity Boards (SBBs) in each of the Indian states and local-level Biodiversity Management Committees (BMCs) functioning with both municipalities and panchayats. Further, India adopted Nagoya Protocol (2014) on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising

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