Section 14 in The Biological Diversity Rules, 2004
14. Procedure for access to biological resources and associated traditional knowledge
.-(1) Any person seeking approval of the Authority for access to biological resources and associated knowledge for research or for commercial utilisation shall make an application in Form I.(2)Every application under sub-rule (1) shall be accompanied by a fee of ten thousand rupees in the form of a cheque or demand draft drawn in favour of the Authority.(3)The Authority shall after consultation with the concerned local bodies and collecting such additional information from the applicant and other sources, as it may deem necessary, dispose of the application, as far as possible, within a period of six months from the date of its receipts.(4)On being satisfied with the merit of the application, the Authority may grant the approval for access to biological resources and associated knowledge subject to such term and conditions as it may deem fit to impose.(5)The approval to access shall be in the form of a written agreement duly signed by an authorised officer of the Authority and the applicant.(6)The form of the agreement referred to in sub-rule (5) shall be laid down by the Authority and shall include the following, namely:-(i)general objectives and purpose of the application for seeking approval;(ii)description of the biological resources and traditional knowledge including accompanying information;(iii)intended uses of the biological resources (research, breeding, commercial utilisation, etc.);(iv)conditions under which the applicant may seek intellectual property rights;(v)quantum of monetary and other incidental benefits. If need be, a commitment to enter into a fresh agreement particularly in case if the biological material is taken for research purposes and later on sought to be used for commercial purposes, and also in case of any other change in use thereof subsequently;(vi)restriction to transfer the accessed biological resources and the traditional knowledge to any third party without prior approval of Authority;(vii)to adhere to a limit set by the Authority on the quantity and specification of the quality of the biological resources for which the applicant is seeking access;(viii)guarantee to deposit a reference sample of the biological material sought to be accessed with the repositories identified in section 39;(ix)submitting to the Authority a regular status report of research and other developments;(x)commitment to abide with the provisions of Act and rules and other related legislations in force in the country;(xi)commitment to facilitate measures for conservation and sustainable use of biological resources accessed;(xii)commitment to minimise environmental impacts of collecting activities;(xiii)legal provisions such as duration of the agreement, notice to terminate the agreement, independent enforceability of individual clauses, provision to the extent that obligations in benefit sharing clauses survive the termination of the agreement, events limiting liability (natural calamities), arbitration, any confidentiality clause.(7)The conditions for access may specifically provide measures for conservation and protection of biological resources to which the access is being granted.(8)The Authority may for reasons to be recorded in writing reject an application if it considers that the request cannot be acceded to.(9)No application shall be rejected unless the applicant is given a reasonable opportunity of being heard.(10)The Authority shall take steps to widely publicise the approvals granted, through print or electronic media and shall periodically monitor compliance of conditions on which the approval was accorded.
