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CS Professional · Intellectual Property Rights - Law and Practice · Biological Diversity

Nirmal Biotech, an Indian entity, obtained a patent abroad for an invention based on a biological resource accessed from India. It now seeks to commercialise it. Which statement about the NBA's role under section 6 is correct?

The NBA may impose a benefit sharing fee, royalty or both, or other conditions including sharing of financial benefits, when granting approval under section 6. Its power is not ended by a foreign patent grant and is not limited to foreign nationals.

  1. AThe NBA may impose a benefit sharing fee or royalty or both, or other conditions, while granting approvalCorrect
  2. BThe NBA may only reject approvals and cannot impose any financial condition
  3. CThe NBA's role ends once the foreign patent is granted
  4. DThe NBA may impose conditions only on foreign nationals, not Indian entities

Explanation

Section 6(2) lets the NBA, while granting approval under section 6, impose a benefit sharing fee or royalty or both, or conditions including sharing of financial benefits from commercial utilisation of the rights. Approval is not confined to foreign persons and does not end with the foreign grant.

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