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CS Professional · Intellectual Property Rights - Law and Practice

Biological Diversity Act 2002 for CS Professional IPR

The Biological Diversity Act, 2002 regulates access to India's biological resources and associated traditional knowledge, and requires fair and equitable sharing of benefits. You solve questions by naming the authority (NBA, State Board or BMC), applying the relevant section to the facts, and concluding on approval, benefit sharing or IPR consequences.

What this chapter covers

This chapter covers the Biological Diversity Act, 2002 as amended by Act 10 of 2023, with changes effective from 1 April 2024. The Act aims at conserving biological diversity, using its components sustainably, and sharing benefits from their use fairly and equitably. It works through a three-tier structure: the National Biodiversity Authority (NBA), State Biodiversity Boards and local Biodiversity Management Committees.

The core of the chapter is the link between biological resources and intellectual property. Under section 6, a person applying for an intellectual property right in or outside India for an invention based on research or information on a biological resource accessed from India, or associated traditional knowledge, must deal with the NBA. The exact step depends on who the person is. Persons covered under section 3(2) need prior approval of the NBA before the right is granted. Persons covered under section 7 must register with the NBA before grant, and obtain prior approval at the time of commercialisation.

This connects directly to the rest of your IPR paper. Patents, geographical indications and plant variety protection all touch biological material. Questions are case-based, so you must apply provisions to facts: who is the applicant, what resource is involved, which authority acts, and what the consequence is.

This chapter is compact, statute-driven and easy to turn into structured answers, which suits a written, case-based paper. The Act links conservation law to patents and traditional knowledge, so examiners can frame fact-based questions on approvals, benefit sharing and IPR. Because the 2023 amendments changed key sections, questions often test whether you know the current text. If you know the authorities, their powers and the section 6 and section 21 rules, you can write precise answers with a provision, analysis and conclusion.

Biological Diversity: topics in the order to study them

  1. 1Biological Diversity Act 2002: Objectives and DefinitionsTerms such as biological resource, benefit claimer and in situ or ex situ conservation are used in every later section.
  2. 2National Biodiversity Authority: Constitution and FunctionsThe NBA is the central body; section 18 powers explain who approves, regulates and advises.
  3. 3State Biodiversity Boards and Biodiversity Management CommitteesOnce you know the NBA, the State and local tiers show how the structure works below it.
  4. 4Regulation of Access to Biological Resources and KnowledgeAccess rules decide when approval or registration is needed, which sets up the IPR and benefit sharing rules.
  5. 5Benefit Sharing and Intellectual Property RightsThis is the most testable part: section 6 on IPR and section 21 on benefit sharing build on the access rules.
  6. 6Conservation Measures: Heritage Sites, Threatened Species and Section 36BGovernment duties under sections 36 and 36B are best read after the regulatory core is clear.
  7. 7Finance, Offences, Penalties and AppealsEnforcement and remedies close the chapter and make sense once you know the duties being enforced.

How to prepare Biological Diversity

Treat this as a statute chapter. Learn the structure first, then the rules, then practise applying them to facts.

  1. Read the objectives and definitions and write a one-page list of key terms in your own words.
  2. Draw a three-tier chart of the NBA, State Biodiversity Boards and BMCs, with the main functions of each.
  3. Learn section 6 as a table of who needs what: persons under section 3(2) need prior approval; persons under section 7 must register before grant and obtain prior approval at commercialisation.
  4. Learn section 21: the NBA ensures terms secure fair and equitable sharing on mutually agreed terms, and the list of ways benefits can be given, including joint ownership of IPR, technology transfer, venture capital fund and monetary compensation.
  5. Compare the central duties in section 36 with the State duties in section 36B, noting that State plans must conform to national strategies.
  6. Practise short fact-based questions in the format: provision, analysis of facts, conclusion.
  7. Revise using the current amended text, effective 1 April 2024, and check that older notes do not use superseded wording.

Common mistakes in Biological Diversity

  • Saying every IPR applicant needs prior NBA approval

    Fix: Identify whether the person falls under section 3(2) or section 7 and then state the matching step: approval, or registration plus approval at commercialisation.

  • Applying section 6 to plant variety applications

    Fix: Note that section 6 does not apply to applications under plant variety protection law, but the granting authority must send a copy of the grant to the NBA.

  • Listing benefit sharing as only money

    Fix: Recall the section 21(2) forms: joint IPR ownership, technology transfer, location of units, scientist and local involvement, venture capital fund, and monetary and non-monetary benefits.

  • Using pre-2024 wording of the Act

    Fix: Check that your notes reflect the amended text, for example 'fair and equitable' sharing and the new section 36B.

  • Confusing Central and State duties on strategies

    Fix: Remember that the Centre consults States and can direct them under section 36(2), while States must conform to national strategies under section 36B.

  • Writing general conservation essays instead of applying the Act

    Fix: Anchor each answer to a section, apply it to the facts given and end with a clear conclusion.

Last-day revision: Biological Diversity

  • The Act is the Biological Diversity Act, 2002, amended by Act 10 of 2023 with effect from 1 April 2024.
  • Section 18: the NBA makes regulations, with Central Government approval, on access and benefit sharing.
  • The NBA regulates activities under sections 3, 4 and 6 by granting or rejecting approvals.
  • Section 18(4): the NBA may act for the Central Government to oppose IPR grants abroad on Indian biological resources or associated knowledge.
  • Section 6(1): persons under section 3(2) need prior NBA approval before an IPR is granted.
  • Section 6(1A) and (1B): persons under section 7 register before grant and obtain prior approval at commercialisation.
  • Section 6(2): the NBA may impose a benefit sharing fee, royalty or both, or other conditions.
  • Section 6(3): section 6 does not apply to applications under plant variety protection law.
  • Section 21: benefit sharing is on mutually agreed terms, and money may go to the National Biodiversity Fund or directly to benefit claimers.
  • Section 36: the Centre develops national strategies in consultation with States and Union territories.
  • Section 36B: the State Government develops strategies and plans in conformity with national ones.
  • In situ means conservation in natural habitats; ex situ means outside them.

Biological Diversity practice questions

Biological Diversity in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Biological Diversity: frequently asked questions

Is the Biological Diversity Act important for CS Professional IPR?

Yes. It sits in the Intellectual Property Rights elective because it controls IPR applications based on Indian biological resources and associated knowledge. Expect case-based questions on approval, benefit sharing and authorities.

Do I need to memorise section numbers?

Learn the key ones: 6, 18, 21, 36 and 36B. Citing them correctly strengthens your answer, but the rule and its application to the facts matter most.

What changed with the 2023 amendment?

Act 10 of 2023 amended several sections with effect from 1 April 2024. Examples are the revised section 6 on IPR, the 'fair and equitable' benefit sharing wording in section 21 and the new section 36B for State strategies.

Is this paper open book?

Elective papers are open book, but you still need to know where to find provisions quickly. Mark the key sections and practise applying them within the time limit.