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

The NBA determines benefit sharing for approval granted to Himalaya Pharma Ltd. A local community of identified benefit claimers supplied the associated knowledge. Which of the following is NOT a manner of giving effect to benefit sharing listed in section 21(2)?

Compulsory transfer of majority equity shareholding to the State Government is not a benefit sharing manner listed in section 21(2). The listed methods include joint IPR ownership, technology transfer, a venture capital fund, scientist involvement, location of units and compensation.

  1. AGrant of joint ownership of IPR to the NBA or, where identified, the benefit claimers
  2. BTransfer of technology
  3. CSetting up of a venture capital fund for aiding the cause of benefit claimers
  4. DCompulsory transfer of the company's majority equity shareholding to the State GovernmentCorrect

Explanation

Section 21(2) lists joint ownership of IPR, transfer of technology, location of units to benefit claimers, association of Indian scientists and local people, venture capital fund, and monetary or non-monetary compensation. Transfer of majority equity to the State is not listed.

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