The following activities or persons shall not require approval of the NBA or SBB, namely:--
(a) Indian citizens or entities accessing biological resources and/ or associated knowledge, occurring in or obtained from India, for the purposes of research or bio-survey and bio-utilization for research in India;
(b) collaborative research projects, involving the transfer or exchange of biological resources or related information, if such collaborative research projects have been approved by the concerned Ministry or 16 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Department of the State or Central Government and conform to the policy guidelines issued by the Central Government for such collaborative research projects;
(c) local people and communities of the area, including growers and cultivators of biological resources, and vaids and hakims, practising indigenous medicine, except for obtaining intellectual property rights;
(d) accessing biological resources for conventional breeding or traditional practices in use in any agriculture, horticulture, poultry, dairy farming, animal husbandry or bee keeping, in India;
(e) publication of research papers or dissemination of knowledge, in any seminar or workshop, if such publication is in conformity with the guidelines issued by the Central Government from time to time;
(f) accessing value added products, which are products containing portions or extracts of plants and animals in unrecognizable and physically inseparable form; and
(g) biological resources, normally traded as commodities notified by the Central Government under section 40 of the Act.
[F. No. NBA/Tech/2/11] HEM PANDE, Chairman FORM A (See regulation 2) Information to be furnished for use of biological resources by the applicant Self-disclosure Common Name of the biological resource proposed to be used: ________________ Scientific Name : ________________ Plants or animals or parts thereof traded : ________________ Specific purpose of access: __________________________ Locations / source from where procured* Quantity in Kgs Rate per unit State Biodiversity Board Prospective Buyers/Users (if known) *List of local body/BMCs, if already identified shall be attached.
Undertaking
1. I have read and understood the terms and conditions of ABS guidelines and I undertake to abide by relevant legal provisions applicable to biological resource.
2. I undertake to obtain the approval of the NBA/ SBB before making any change in the stated purpose.
3. I undertake to furnish/ share the relevant records with the NBA/ SBB, as and when required.
4. I further declare that the Information provided in the form is true and correct and I shall be liable for any incorrect/ wrong information and wilful suppression of the facts.
Signature Name of the trader/ company/manufacturer/ Authorized Representative Complete Address of the trader/ company/ manufacturer along with phone number and email address Place Date ¹Hkkx IIµ[k.M 3 (i)º Hkkjr dk jkti=k % vlk/kj.k 17 Form B (See regulation 13) Conducting of non-commercial research or research for emergency purposes outside India by Indian researchers/Government institutions using the biological resources 1 Name of the Applicant (Indian researcher/ Government Institution) 2 Complete Address * a. Permanent b. Present 3 Name and address of Institution in India 4 Name of the Supervisor or Head of Institution at the place of work in India 5 Name and contact details of the Institution or organization who shall guide the proposed research / receiving the biological resources.
6 Details of the Supervisor or Head of Institution or organization who guides the proposed research or recipient of the biological resources 7 Name of the funding agency supporting the proposed research 8 Brief description of the research 9 Details of biological resources proposed to be carried along or sent for the research i. Name of the biological resource (scientific/ common name) ii. Location of collection (Village/Taluk/Dist./State) iii. Quantity required iv. Duration of the research 10 If it is for emergency purpose, specify details * Attach self-attested address / ID proof such as Aadhaar card/ PAN card / Passport, etc.
Undertaking I, _________________ Son/Daughter/Wife/Husband of ______________ aged_____residing at ____________ in _________________ holding a permanent. I.D.No____________(PAN Card/ Aadhaar Card/ Passport, etc,) hereby declare that all the information provided above is correct and true. I hereby affirm that the biological resources shall be used only for the purposes as stated in the application. I shall not share/provide/part/leave behind any biological resource at my collaborator’s facility/ laboratory without approval of the NBA. I, along with my supervisor and collaborator, individually and severally declare that we shall not put to commercial utilization, nor shall seek any IPR claim on the biological resources and associated traditional knowledge used in this research/ collaboration. In case such a situation arises we shall apply to National Biodiversity Authority to seek prior approval. Results, process (es), products or other outcomes arising out of this activity shall be shared with the NBA during and/ or upon completion of research intended along with the copy of relevant documents and publications.
Signature:.………………………… Date: …………………………… Place:…………….……………..
Declaration by the Supervisor / Head of Institution I, ___________________ working as _____________ in ______________ (Name of institution) confirm that the details provided by Mr/Dr/Mrs/Ms.________________ are true and correct.
Date: ………………… Place:………………… Signature:.….….…………………… Designation:.……….…………… Official Seal: ……….…………… 18 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Declaration by the Recipient / Collaborator I, ______________ working as ____________ in __________________(Name of Institution / Organization) hereby affirm that I or my institution / organization shall use the biological resources for the purposes as stated in the application and which were sent by………………….. (Name of the institution) or being brought by Mr./Dr./Mrs./Ms……………………. The said biological resources shall be destroyed in full after the completion of the studies/ partnership or upon completion of the studies the biological resources shall be sent back to the institution from where the biological resources were received as the case may be. I or the institution I am associated with shall not claim any ownership under instant application nor shall claim any IP Rights over the biological resources, derivatives or other such components without prior approval of the applicant, institution affiliated and the National Biodiversity Authority.
Signature:.…….…………………… Designation:.……….……………… Official Seal: ……………………… Annexure 1 Fair and equitable benefit sharing options The following options, either one or more, may be applied in accordance with mutually agreed terms between the applicant and the NBA, on a case by case basis, in accordance with the provisions of sub-rule (3) of rule 20 of the Biological Diversity Rules, 2004. These options are indicative in nature and other options, as approved by the NBA in consultation with the Central Government, may also be adopted:
(a) Monetary benefits options:
(i). Up-front payment;
(ii). One-time payment;
(iii). Milestone payments;
(iv). Share of the royalties and benefits accrued;
(v). Share of the license fees;
(vi). Contribution to National, State or Local Biodiversity Funds;
(vii). Funding for research and development in India;
(viii). Joint ventures with Indian institutions and companies;
(ix). Joint ownership of relevant intellectual property rights.
(b) Non-monetary benefits options:
(i). Providing institutional capacity building, including training on sustainable use practices, creating infrastructure and undertaking development of work related to conservation and sustainable use of biological resources;
(ii). Transfer of technology or sharing of research and development results with Indian institutions/ individuals/entities;
(iii). Strengthening of capacities for developing technologies and transfer of technology to India and/or collaborative research and development programmes with Indian institutions/ individuals/ entities;
(iv). Contribution/ collaboration related to education and training in India on conservation and sustainable use of biological resources;
(v). Location of production, research, and development units and measures for conservation and protection of species in the area from where biological resource has been accessed, contributions to the local economy and income generation for the local communities;
(vi). Sharing of scientific information relevant to conservation and sustainable use of biological diversity including biological inventories and taxonomic studies;
¹Hkkx IIµ[k.M 3 (i)º Hkkjr dk jkti=k % vlk/kj.k 19
(vii). Conducting research directed towards priority needs in India including food, health and livelihood security focusing on biological resources;
(viii). Providing scholarships, bursaries and financial aid to Indian institutions/ individuals preferably to regions, tribes/ sects contributing to the delivery of biological resources and subsequent profitability if any;
(ix). Setting up of venture capital fund for aiding the cause of benefit claimers;
(x). Payment of monetary compensation and other non-monetary benefits to the benefit claimers as the NBA may deem fit.
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