In exercise of the powers conferred by Sec-62 of the Biological Diversity Act, 2002 and in supersession of the National Biodiversity Authority Rules,
2003 the Central Government hereby makes the above Rules, which came into force on 15th April, 2004.

Procedure for seeking prior approval before applying for Intellectual Property Protection:

• Every application shall be accompanied by paying a fee of five hundred rupees
• 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.
• The approval shall be granted in the form of a written agreement duly signed by a authorized officer of the Authority and the application. The form of the agreement may be decided by the Authority.
• 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.

What are the criteria for equitable benefit sharing?
The formula for benefit sharing shall be determined on case-by-case basis. The guidelines shall provide for monetary and other benefit such a royalty, joint ventures, technology transfer, product development, education and awareness raising activities. The authority while granting approval o any person for access or transfer of results of research or applying for Patent and IPR or for a 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.

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. Depending upon each case the Authority shall stipulate the time frame for assessing benefit sharing on short, medium and long-term benefits. The Authority shall stipulate that benefits shall ensure conservation and sustainable use of biological diversity.

Where biological resources or knowledge is accessed from a specific individual or a group of individuals or organizations, the Authority may take steps to ensure that the agreed amount is paid directly to them through the district administration. Where such individuals or a group of individuals or organizations, cannot be identified, the monetary benefits shall be deposited in the National Biodiversity Fund.

Appeal for Settlement of Disputes under Section 50
If a dispute arises between the Authority or a State Biodiversity Board or between one Board and other Boards on account of implementation of any order or direction or on any issue of policy decision, either of the aggrieved parties, that is Authority or the Board, as the case may be, prefer an Appeal to the Central Government under Section 50. The memorandum of appeal shall state the facts of the case, the grounds relied upon by the appellant, for preferring the appeal and the relief sought for.

The memorandum of appeal shall be submitted in quadruplicate, either in person or through a registered post with acknowledgement due, within 30m days from the date of the orders, direction or policy decision, provided that if the Central Government is satisfied that there was good and sufficient reason for the delay in preferring the appeal, it may, for reason to be recorded in writing, allow the appeal to be preferred after the expiry of the above mentioned period of 30 days but before the expiry of 45 days from the date of the orders, direction or policy decision, as the case may be. In adjudicating a dispute, the Authority shall be guided by the principles of natural justice - that is no man should be condemned unheard as far as practicable.