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

Vaid Ramesh, a registered AYUSH practitioner, practises Indian systems of medicine as a profession for sustenance and livelihood. He collects local herbs to prepare medicines for his patients. Under section 7, is he required to give prior intimation to the State Biodiversity Board?

He is not required to give prior intimation. The proviso to section 7(1) exempts vaids, hakims and registered AYUSH practitioners who practise indigenous medicine as a profession for sustenance and livelihood, so the intimation requirement does not apply to his collection of herbs for patients.

  1. AYes, every practitioner must always give prior intimation
  2. BYes, but only if he sells any medicine
  3. CNo, the proviso to section 7(1) exempts such practitionersCorrect
  4. DNo, but only if he obtains a certificate of origin from the Biodiversity Management Committee

Explanation

The proviso to section 7(1) says the section does not apply to vaids, hakims and registered AYUSH practitioners who practise indigenous medicine as a profession for sustenance and livelihood. The certificate of origin requirement relates to cultivated medicinal plants, not to this class of practitioners.

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