CS Professional · Intellectual Property Rights - Law and Practice · Biological Diversity
Greenleaf Herbals Pvt Ltd, an Indian company, wants to access a wild biological resource and its associated knowledge for commercial utilisation. The company is not a person covered under sub-section (2) of section 3, and no exemption in the proviso applies. Under section 7 as substituted in 2023, what must it do before accessing?
The company must give prior intimation to the concerned State Biodiversity Board before accessing the biological resource and associated knowledge for commercial utilisation. Section 7(1) imposes this on persons not covered by section 3(2), and no proviso exemption applies to a company accessing wild resources.
- AGive prior intimation to the concerned State Biodiversity BoardCorrect
- BObtain a certificate of origin from the Biodiversity Management Committee
- CRegister the knowledge with the Central Government as a sui generis right
- DObtain no approval or intimation because the resource is wild
Explanation
Section 7(1) requires any person not covered by section 3(2) to give prior intimation to the concerned State Biodiversity Board before accessing a biological resource and its associated knowledge for commercial utilisation. The certificate of origin applies only to cultivated medicinal plants seeking the exemption. Being wild does not remove the requirement.
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