On August 3, 2023, India has notified the Biological Diversity (Amendment) Act 2023, an amendment to a part of the Biological Diversity Act 2002. This Act aims to regulate the rights of foreign owned companies established or registered in the country. Under section 4, foreign companies who wish to share any result of the research on any biological resource occurring in, or obtained or accessed from India and its associated knowledge, must seek approval from the National Biodiversity Authority. The enforcement date of this Act is to be determined.
These foreign companies who seek to apply for an intellectual property right for any invention based on information on a biological resource and its associated knowledge, which is accessed from India, must obtain prior approval of the National Biodiversity Authority. The entities are also responsible for providing information beforehand.
However, there are few exemptions to these provisions.
- Publication of research papers or dissemination of knowledge in any seminar or workshop involving financial benefit, according to guidelines to be issued
- The results of research are used for further research (must register with National Biodiversity Authority)
- The results of research are used for commercial utilization or for obtaining any intellectual property rights (must register with National Biodiversity Authority)
- Collaborative projects between government sponsored institutions in India and such institutions in other countries
Any contravention of provisions in this Act are liable to a penalty of one hundred thousand (1 lakh) rupees. In cases where the damage caused exceeds the amount of penalty, total penalty may amount to five hundred thousand (5 lakh) rupees. Continuation of contraventions may also amount to ten million (1 crore) rupees.
Download this Act at:
Also download the Biological Diversity Act 2002 here: