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

Which of the following correctly describes the NBA's regulatory duty under the Act in its current form?

The NBA must regulate activities under sections 3, 4 and 6 by granting or rejecting approvals, and it makes regulations on access and benefit sharing with the approval of the Central Government. It can reject as well as grant approvals.

  1. AIt must regulate activities referred to in sections 3, 4 and 6 by granting or rejecting approvals, and make regulations on access and benefit sharing with Central Government approvalCorrect
  2. BIt may make regulations on access and benefit sharing entirely on its own, without Central Government approval
  3. CIts regulatory duty is limited to advising State Biodiversity Boards
  4. DIt can only grant approvals; rejecting is reserved for the Central Government

Explanation

Section 18(1) requires NBA regulations on access to biological resources, associated traditional knowledge and benefit sharing to be made with Central Government approval. Section 18(2) makes it the NBA's duty to regulate sections 3, 4 and 6 activities by granting or rejecting approvals. Both options that remove approval power or the rejection power contradict this.

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