Biodiversity Monitoring: A Pre-Condition to Access and Benefit Sharing under the Indian Biological Diversity Act, 2002

Abstract

The conservation of biological diversity has emerged to be a dominant international discourse due to the issues arising out of appropriation of genetic resources. Bioresource utilization in the form of trade has received increased attention in the recent times. The assertion of private intellectual property rights in innovations based on biological resources and knowledge obtained from developing countries has been a major concern. Post the Nagoya Protocol on Access and Benefit Sharing of Genetic Resources 2010.An important aspect the protocol recognizes is the need for securing the rights of communities over their resources; by restricting biopiracy and protecting the rights of the communities/stakeholders. India announced the Access and Benefit Sharing Guidelines (ABS) 2014 under the Biological Diversity Act 2002. Prior approvals and ABS agreements are mandatory for access to biological resources for certain purposes and for seeking IPR protection. Biodiversity maintenance is important for the sustainable utilisation of biological resources. There are concerns that increased bioresource trade may pose a threat to the conservation of species. It is in this context that the present study attempts to analyse the need for biodiversity monitoring in the ABS process in India. This study highlights the need for including biodiversity monitoring as part of the pre-ABS mechanism in India. Effective ABS implementation in India would be achieved only when it is linked with conservation objectives.