Access to Benefit Sharing and Traditional Knowledge under Biological Diversity Act, 2002: A Comprehensive Overview

Mankind has always relied on forests and its produce for its survival, however, the technological revolution reduced human dependence on forests. Nonetheless, a small portion of the population continues to live in forests and rely on forest produce. Thus, to ensure the safety and livelihood of tribals and forest-dwellers, it is essential to conserve biological resources and associated traditional knowledge. Since India is a party to the Convention on Biological Diversity (CBD) 1993, so in order to comply with the provisions of the convention, the Indian Parliament implemented the Biological Diversity Act, 2002 (hereinafter referred to as “the Act”). In addition to this, Nagoya Protocol on Access and Benefit Sharing, 2010 (ABS) was also adopted for accessing genetic resources as well as sharing fair and equitable benefits from their utilization. According to the Convention, the nation-states have full sovereignty over their natural and biological resources and thus, it establishes certain procedures which are to be followed for granting access to benefit sharing and traditional knowledge. In this article, I will discuss the need to protect these biological resources along with the established legal framework for the same. I will also examine the relationship between the Act and the Intellectual Property laws and also its effect on IPR laws. In the end, I’ll conclude by pointing out the limitations and suggesting some measures to reduce the misuse of the law.