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Section 9: Mode of benefit sharing in IPR

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

(1) The applicant shall, in case of commercializing the IPR obtained, pay to the NBA such monetary and/or nonmonetary benefit, as agreed between the applicant and the NBA.

(2) Where the applicant himself commercialises the process/ product/ innovation, the monetary sharing shall be in the range of 0.2 to 1.0% based on sectoral approach, which shall be worked out on the annual gross ex-factory sale minus government taxes.

(3) Where the applicant assigns / licenses the process / product / innovation to a third party for commercialisation, the applicant shall pay to NBA 3.0 to 5.0% of the fee received (in any form including the license / assignee fee) and 2.0 to 5.0% of the royalty amount received annually from the assignee / licensee, based on sectoral approach.

Where this provision sits

ActGuidelines on Access to Biological Resources and Associated Knowledge and Benefits Sharing Regulations, 2014
Section9
Marginal noteMode of benefit sharing in IPR
JurisdictionCentral
StatusIn force as published by the source

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