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S.Bala Ravi M.S. Swaminathan Research Foundation India

PANEL DISCUSSION: What are the perceived and historic risks associated with non-commercial biodiversity research : Perspective of provider countries. S.Bala Ravi M.S. Swaminathan Research Foundation India. INDIAN LAW ON BIODIVERSITY. India : one of the megadiverse centres

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S.Bala Ravi M.S. Swaminathan Research Foundation India

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  1. PANEL DISCUSSION: What are the perceived and historic risks associated with non-commercial biodiversity research : Perspective of provider countries S.Bala Ravi M.S. Swaminathan Research Foundation India

  2. INDIAN LAW ON BIODIVERSITY India : one of the megadiverse centres Has two of the known megadiverse regions India’s legislation, “Biological Diversity Act” , in consistence with CBD was established in 2002 The National Biodiversity Authority administer this law since 2003. Required rules and regulations on ABS are in place.

  3. Commercial and Non-Commercial Research Research does happen in formal and informal manner: In the agro-biodiversity area, informal research by farmers have contributed a huge wealth of genetic diversity and associated TK, which is the building block for global food and nutritional security. This non-commercial research being practiced by indigenous communities and farmers using locally adapted genetic diversity informal research has to be promoted for conser- vation and improvement of all crop plant genetic diversity. The formal research is done with both commercial and non- commercial objectives. The ABS framework for these two activities are different. Countries tend to discern access for research by foreign entities as commercial, with case-by-case exception.

  4. Access to commercial use under Indian Law Access for commercial use is brought under the BS scheme. BS scheme is also linked with establishment of an IPR on any innovation, resulting from research on biodiversity duly accessed. Prior approval of NBA and MTA is essential to access Indian biodiversity for bio-survey or bio-utilization or to its research results by the foreign entities, irrespective of the intention (commercial or non-commercial). Access to biodiversity by Indians for research - commercial or other-wise is regulated at local level.

  5. Conventional Breeding is not commercial use “Bio‑survey and bio‑utilization" means survey or collection of species, subspecies, genes, components and extracts of biological resource for any purpose and includes characte- rization, inventorization and bioassay. Commercial use: is defined as “ use for commercial purpose by developing drug, industrial enzymes, food flavours, fragrance, cosmetics, ….. , extracts, but not the use of genetic diversity for improving crops and live stocksby processes other than conventional breeding or traditional practices. Thus use of agro-biodiversity for crop/animal improvement does not attract BS, if the product of breeding is not protected for IPR.

  6. Public Vs Private Research India has a huge National Agricultural Research System where public research accounts 80% share Public research (institutes and universities under Central and State governments) outputs are placed in public domain, many of them unprotected for IPR. Public funded research is deemed non-commercial. Public research has full and free access to biodiversity. Also IT excludes non-commercial research from BS (Art 13 (2) (d) (ii)). This is considered to contribute to the cost-effective- ness of public research technology and thus facilitate to its access by resource poor farmers

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