3. Certain persons not to undertake Biodiversity related activities without approval of National
Biodiversity Authority.—(1) No person referred to in sub-section (2) shall, without previous approval of
the National Biodiversity Authority, obtain any biological resource occurring in India or knowledge
associated thereto for research or for commercial utilisation or for bio-survey and bio-utilisation.
(2) The persons who shall be required to take the approval of the National Biodiversity Authority
under sub-section (1) are the following, namely:—
(a) a person who is not a citizen of India;
(b) a citizen of India, who is a non-resident as defined in clause (30) of section 2 of the
Income-tax Act, 1961 (43 of 1961);
(c) a body corporate, association or organisation—
(i) not incorporated or registered in India; or
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[(ii) incorporated or registered in India under any law for the time being in force, which is
controlled by a foreigner within the meaning of clause (27) of section 2 of the Companies Act,
2013 (18 of 2013).]
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[4. Results of research not to be transferred to certain persons without approval of National
Biodiversity Authority.— No person or entity shall share or transfer any result of the research on any
biological resource occurring in, or obtained or accessed from, India or traditional knowledge associated
thereto, for monetary consideration or otherwise, to a person or body corporate referred to in sub-section
(2) of section 3, without the prior written approval of the National Biodiversity Authority, except the
codified traditional knowledge which is only for Indians:
Provided that the provisions of this section shall not apply if publication of research papers or
dissemination of knowledge in any seminar or workshop involving financial benefit is as per the
guidelines issued by the Central Government:
Provided further that where the results of research are used for further research, then, the registration
with the National Biodiversity Authority shall be necessary:
Provided also that if the results of research are used for commercial utilisation or for obtaining any
intellectual property rights, within or outside India, prior approval of the National Biodiversity Authority
shall be required to be taken in accordance with the provisions of this Act.]
5. 4
[Certain provisions] not to apply to certain collaborative research projects.—5
[(1) The
provisions of section 3 shall not apply to collaborative research projects involving transfer or exchange of
1. Subs. by Act 10 of 2023, s. 4, for “DIVERSITY” (w.e.f. 1-4-2024).
2. Subs. by s. 5, ibid., for sub-clause (ii) (w.e.f. 1-4-2024).
3. Subs. by s. 6, ibid., for section 4 (w.e.f. 1-4-2024).
4. Subs. by s. 7, ibid., for “Sections 3 and 4” (w.e.f. 1-4-2024).
5. Subs. by s. 7, ibid., for sub-section (1) (w.e.f. 1-4-2024).
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biological resource or traditional knowledge associated thereto between institutions, including
Government sponsored institutions of India, and such institutions in other countries, if such collaborative
research projects satisfy the conditions specified in sub-section (3).]
(2) All collaborative research projects, other than those referred to in sub-section (1) which are based
on agreements concluded before the commencement of this Act and in force shall, to the extent the
provisions of agreement are inconsistent with the provisions of this Act or any guidelines issued under
clause (a) of sub-section (3), be void.
(3) For the purposes of sub-section (1), collaborative research projects shall—
(a) conform to the policy guidelines issued by the Central Government in this behalf;
(b) be approved by the Central Government.
6. Application for intellectual property rights not to be made without approval of National
Biodiversity Authority.—1
[(1) Any person or entity covered under sub-section (2) of section 3 applying
for an intellectual property right, by whatever name called, in or outside India, for any invention based on
any research or information on a biological resource which is accessed from India, including those
deposited in repositories outside India, or traditional knowledge associated thereto, shall obtain prior
approval of the National Biodiversity Authority before grant of such intellectual property rights.
(1A) Any person covered under section 7 applying for any intellectual property right, by whatever
name called, in or outside India, for any invention based on any research or information on a biological
resource which is accessed from India, including those deposited in repositories outside India, or
traditional knowledge associated thereto, shall register with the National Biodiversity Authority before
grant of such intellectual property rights.
(1B) Any person covered under section 7 who has obtained intellectual property right, by whatever
name called, in or outside India, for any invention based on any research or information on a biological
resource which is accessed from India, including those deposited in repositories outside India, or
traditional knowledge associated thereto, shall obtain prior approval of the National Biodiversity
Authority at the time of commercialisation.]
(2) The National Biodiversity Authority may, while granting the approval under this section, impose
benefit sharing fee or royalty or both or impose conditions including the sharing of financial benefits
arising out of the commercial utilisation of such rights.
(3) The provisions of this section shall not apply to any person making an application for any right
under any law relating to protection of plant varieties 2***.
(4) Where any right is granted under law referred to in sub-section (3), the concerned authority
granting such right shall endorse a copy of such document granting the right to the National Biodiversity
Authority.
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[7. Prior intimation to State Biodiversity Board for accessing biological resource for certain
purposes.— (1) No person, other than the person covered under sub-section (2) of section 3, shall access
any biological resource and its associated knowledge for commercial utilisation, without giving prior
intimation to the concerned State Biodiversity Board, but such access shall be subject to the provisions of
clause (b) of section 23 and sub-section (2) of section 24:
Provided that the provisions of this section shall not apply to the codified traditional knowledge,
cultivated medicinal plants and its products, local people and communities of the area, including growers
and cultivators of biodiversity and to vaids, hakims and registered AYUSH practitioners only who have
been practicing indigenous medicines, including Indian systems of medicine as profession for sustenance
and livelihood.
1. Subs. by Act 10 of 2023, s. 8, for sub-section (1) (w.e.f. 1-4-2024).
2. The words "enacted by the Parliament" omitted by s. 8, ibid., (w.e.f. 1-4-2024).
3. Subs. by s. 9, ibid., for section 7 (w.e.f. 1-4-2024).
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(2) In the case of cultivated medicinal plants, the exemption under sub-section (1) shall be available
only if a certificate of origin is obtained from the Biodiversity Management Committee in such manner as
may be prescribed.
(3) The Biodiversity Management Committee shall, on the basis of entries made in such books,
maintained in such manner, issue the certificate of origin under subsection (2) in such manner as may be
prescribed.]