(1) The persons who have been granted approval for access to biological resources and associated knowledge, intend to transfer the accessed biological resource or knowledge to any other person or organization shall make an application to the Authority in Form IV.
(2) Every application under sub-rule (1) shall be accompanied by a fee of ten thousand rupees in the form of Bank draft or cheque drawn in favour of the Authority.
(3) The Authority shall after collecting any additional information, decide upon the application as far as possible within a period of six months of receipt of the same.
(4) On being satisfied that the applicant has fulfilled all the necessary requirements, the Authority may grant approval for third party transfer subject to such terms and conditions it may deem fit to impose in each case.
(5) The approval as may be granted under sub-rule (4) in the form of a written agreement duly signed by an authorized officer of the Authority and the applicant.
The form of the agreement shall be such as may be decided by the Authority.
(6) The Authority may for reasons to be recorded in writing reject the application if it considers that the request cannot be acceded to provided that no application shall be rejected unless the applicant has been given an opportunity of being heard.
20. Criteria for equitable benefit sharing (Section 21)
(1) The Authority shall by notification in the Official Gazette formulate the guidelines and describe the benefit sharing formula.
(2) The guidelines shall provide for monetary and other benefits such as royalty;
joint ventures; technology transfer; product development; education and awareness raising activities; institutional capacity building and venture capital fund.
(3) The formula for benefit sharing shall be determined on a case-by case basis.
(4) The Authority while granting approval to any person for access or for transfer of results of research or applying for patent and IPR or for third party transfer of the accessed biological resource and associated knowledge may impose terms and conditions for ensuring equitable sharing of the benefits arising out of the use of accessed biological material and associated knowledge.
(5) The quantum of benefits shall be mutually agreed upon between the persons applying for such approval and the Authority in consultation with the local bodies and benefit claimers and may be decided in due regard to the defined parameters of access, the extent of use, the sustainability aspect, impact and expected outcome levels, including measures ensuring conservation and sustainable use of biological diversity.
(6) Depending upon each case, the Authority shall stipulate the time frame for assessing benefit sharing on short, medium, and long term benefits.
(7) The Authority shall stipulate that benefits shall ensure conservation and sustainable use of biological diversity.
(8) Where biological resources or knowledge is accessed from a specific individual or a group of individuals or organizations, the Authority may take steps to ensure that the agreed amount is paid directly to them through the district administration.
Where such individuals or group of individuals or organizations cannot be identified, the monetary benefits shall be deposited in the National Biodiversity Fund.
(9) Five percent of the assessed benefits shall be earmarked for the Authority or Board as the case may be , towards administrative and service charges.
(10) The Authority shall monitor the flow of benefits as determined under sub rule (4) in a manner determined by it.