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Section 12: Mode of benefit sharing for transfer of accessed biological resource and/ or associated knowledge to third party for research/ commercial utilization

Guidelines on Access to Biological Resources and Associated Knowledge and Benefits Sharing Regulations, 2014Central Regulations · 2003

14 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(1) The applicant shall pay to the NBA such monetary and/ or non-monetary benefit, as agreed between the applicant and the NBA.

(2) Applicant (transferor) shall pay to the NBA 2.0% to 5.0 % (following a sectoral approach) of any amount and/ or royalty received from the transferee, as benefit sharing, throughout the term of the agreement.

(3) In case the biological resource has high economic value, the applicant shall also pay to the NBA an upfront payment, as mutually agreed between the applicant and the NBA.

Where this provision sits

ActGuidelines on Access to Biological Resources and Associated Knowledge and Benefits Sharing Regulations, 2014
Section12
Marginal noteMode of benefit sharing for transfer of accessed biological resource and/ or associated knowledge to third party for research/ commercial utilization
JurisdictionCentral
StatusIn force as published by the source

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