Section 20 in The Biological Diversity Rules, 2004
20. Criteria for equitable benefit sharing (Section 21)
.-(1) The Authority shall, by notification in the Official Gazette, formulate the guidelines and describe the benefit sharing formula.(2)The guidelines shall provide for monetary and other benefits such as royalty; joint ventures; technology transfer; product development; education and awareness raising activities; institutional capacity building and venture capital fund.(3)The formula for benefit sharing shall be determined on a case-by case basis.(4)The Authority while granting approval to any person for access or for transfer of results of research or applying for patent and IPR or for third party transfer of the accessed biological resource and associated knowledge may impose terms and conditions for ensuring equitable sharing of the benefits arising out of the use of accessed biological material and associated knowledge.(5)The quantum of benefits shall be mutually agreed upon between the persons applying for such approval and the Authority in consultation with the local bodies and benefit claimers and may be decided in due regard to the defined parameters of access, the extent of use, the sustainability aspect, impact and expected outcome levels, including measures ensuring conservation and sustainable use of biological diversity.(6)Depending upon each case, the Authority shall stipulate the time frame for assessing benefit sharing on short, medium, and long term benefits.(7)The Authority shall stipulate that benefits shall ensure conservation and sustainable use of biological diversity.(8)Where biological resources or knowledge is accessed from a specific individual or a group of individuals or organisations, the Authority may take steps to ensure that the agreed amount is paid directly to them through the district administration. Where such individuals or group of individuals or organisations cannot be identified, the monetary benefits shall be deposited in the National Biodiversity Fund.(9)Five per cent. of the assessed benefits shall be earmarked for the Authority or Board as the case may be, towards administrative and service charges.(10)The Authority shall monitor the flow of benefits as determined under sub-rule (4) in a manner determined by it.
