CHAPTIER - V
Determination of equitable benefit sharing by National Biodiversity
Authority
21.(1) The National Biodiversity Authority shall while
granting approvals under section 19 or section 20 ensure that the terms and
conditions subject to which approval is granted secures equitable sharing of
benefits arising out of the use of accessed biological resources, their by‑products,
innovations and practices associated with their use and applications and
knowledge relating thereto in accordance with mutually agreed terms and
conditions between the person applying for such approval, local bodies
concerned and the benefit claimers.
(2) The National
Biodiversity Authority shall, subject to any regulations made in this behalf,
determine the benefit sharing which shall be given effect in all or any of the
following manner, namely:
(a) grant
of joint ownership of intellectual property rights to the National Biodiversity
Authority, or where benefit claimers are identified, to such benefit claimers;
(b) transfer
of technology;
(c) location
of production, research and development units in such areas which will
facilitate better living standards to the benefit claimers;
(d) association
of Indian scientists, benefit claimers and the local people with research and
development in biological resources and bio‑survey and bio‑utilization;
(e) setting
up of venture capital fund for aiding the cause of benefit claimers;
(f) payment
of monetary compensation and non‑monetary benefits to the benefit
claimers as the National Biodiversity Authority may deem fit.
(3) Where any amount of
money is ordered by way of benefit sharing, the National Biodiversity Authority
may direct the amount to be deposited in the National Biodiversity Fund:
Provided
that where biological resource or knowledge was a result of access from
specific individual or group of individuals or organizations, the National
Biodiversity Authority may direct that the amount shall be paid directly to
such individual or group of individuals or organizations in accordance with the
terms of any agreement and in such manner as it deems fit.
(4) For the purposes of
this section, the National Biodiversity Authority shall, in consultation with
the Central Government, by regulations, frame guidelines.