Seeking Approval From National Biodiversity Authority In Patent Protection

Introduction

India, a mega-diverse nation with rich flora and fauna, is home to at least 10 percent of the world's species but is not exempt from issues of extinction of rare species or degradation of its bio-diversity. As a signatory to the Convention on Biological Diversity (CBD), which recognises states' sovereign rights over their biological resources, India enacted the Biological Diversity Act, 2002 (BDA) in 2003, which is regulated and functionally advised by the National Bio-diversity Authority (NBA), with the main objectives of conservation and sustainable use, and, most importantly, to ensure fair and equitable sharing of benefits arising from these resources.

The role of the Biological Diversity Act in intellectual property rights arises when one makes an unauthorised use of the indigenous biological resources to earn profits by way of IP commercialization. To prevent the exploitation of these resources and to promote the equitable sharing of benefits via