Section 18 in The Biological Diversity Rules, 2004
18. Procedure for seeking prior approval before applying for intellectual property protection .-(1) Any person desirous of applying for a patent or any other intellectual property based on research on biological material and knowledge obtained from India shall make an application in Form III.
(2)Every application under sub-rule (1) shall be accompanied by paying a fee of five hundred rupees.(3)The Authority after due appraisal of the application and after collecting any additional information, on the basis of merit shall decide on the application, as far as possible within a period of three months of receipt of the same.(4)On being satisfied that the applicant has fulfilled all the necessary requirements, the Authority may grant approval for applying for a patent or any other IPR subject to such terms and conditions as it may deem fit to impose in each case.(5)The approval shall be granted in the form of a written agreement duly signed by an authorised officer of the Authority and the applicant. The form of the agreement may be decided by the Authority.(6)The Authority may reject the application if it considers that the request cannot be acceded to after recording the reasons. Before passing order of rejection, the applicant shall be given an opportunity of hearing.
