Biological Diversity Act, 2002 The Biological Diversity Act, 2002 was passed by the parliament of India to protect biodiversity and facilitate the sustainable management of biological resources with the local communities. The Act was enacted to meet the requirements stipulated by the United Nations Convention on Biological Diversity (CBD), to which India is a party.

1. ACHARYA N.G. RANGA AGRICULTURAL UNIVERSITY
S. V. AGRICULTURAL COLLEGE, TIRUPATI
DEPARTMENT OF GENETICS AND PLANT BREEDING
COURSE NO : GPB 609
COURSE TITLE : IPR AND REGULATORY MECHANISM
TOPIC : Lecture No.13. National Biodiversity protection initiatives and
Lecture No.14. Convention on Biological Diversity
Submitted to:
Dr. M. Shanthi Priya
Professor & Head
Dept. of Genetics and Plant Breeding
S. V. Agricultural College, Tirupati
Submitted by:
P. Tejasree
TAD/2023-10
PhD (Ag) 1st
Year
Dept. of GPBR

2. Lecture No.13. National Biodiversity Protection Initiatives
Biological Diversity Act, 2002
The Biological Diversity Act, 2002 was passed by the parliament of India to protect biodiversity
and facilitate the sustainable management of biological resources with the local communities.
The Act was enacted to meet the requirements stipulated by the United Nations Convention on
Biological Diversity (CBD), to which India is a party.
Overview of the Biological Diversity Act 2002
The Act’s main objective is to ensure the conservation of biological diversity, sustainable use
of its components and fair usage of its resources in order to prevent overuse or eventual
destruction of biodiversity.
Since India is one of the most biologically diverse nations in the world, this act is a necessity to
protect its biological heritage.
The salient features of the Biological Diversity Act are as follows.
• Regulation of access to biological resources of the country
• Conservation and sustainability of biological diversity
• Protecting the knowledge of local communities regarding biodiversity
• Secure sharing of benefits with local people as conservers of biological resources and
holders of knowledge and information relating to the use of biological resources
• Protection and rehabilitation of threatened species
• Involvement of institutions of state governments in the broad scheme of the
implementations of the Biological Diversity Act through the establishment of dedicated
committees.
Any offense under this Act is non-boilable and cognizable
• Any grievances related to the determination of benefit sharing or order of the National
Biodiversity Authority or a State Biodiversity Board under this Act shall be taken to
the National Green Tribunal (NGT).
Find the list of Important Acts in India by visiting the linked article.
Exemptions from the Biological Diversity Act
• The Act excludes Indian biological resources that are normally traded as commodities.
• Such exemption holds only so far the biological resources are used as
commodities and for no other purpose.

3. The act also excludes traditional uses of Indian biological resources and associated knowledge and
when they are used in collaborative research projects between Indian and foreign institutions with
the approval of the central government.
Uses by cultivators and breeds, e.g. farmers, livestock keepers and beekeepers and traditional
healers e.g.vaids and hakims are also exempted.
National Biodiversity Authority
In order to carry out the provisions of the act, the National Biodiversity Authority (NBA) had been
set up under the Ministry of Environments and Forest by the Government of India in 2003. The
NBA is a statutory, autonomous body headquartered in Chennai. State Biodiversity Boards (SBB)
were also created in the 29 states along with Biological management committees for each local
body.
Under this act, the Central Government in consultation with the NBA:
• Shall notify threatened species and prohibit or regulate their collection, rehabilitation, and
conservation. Check out the IUCN Red list to know more about endangered species.
• Designate institutions as repositories for different categories of biological resources
The functions of the National Biodiversity Authority are as follows
• Monitoring and prevention of actions prohibited under the Act.
• Providing advice to the government on how best to conserve biodiversity in India.
• Prepare a report on how the government can select biological heritage sites.
• Make concrete steps to prevent the grant of intellectual property rights regarding locally
used biological resources or allied traditional knowledge.
Structure of the NBA
The National Biodiversity Authority consists of the following members to be appointed by the
central government, namely:
• A Chairperson.
• Three ex officio members, one representing the Ministry dealing with Tribal Affairs and
two representing the Ministry dealing with Environment and Forests.
• Seven ex-officio members to represent respectively the Ministries of the Central
Government dealing with:
• Agricultural Research and Education
• Biotechnology
• Ocean Development

4. • Agriculture and Cooperation
• Indian Systems of Medicine and Homoeopathy
• Science and Technology
• Scientific and Industrial Research;
To know more about Intellectual Property Rights in India, visit the linked article
Should any Foreign individuals or corporate body seek to obtain knowledge or allied resources for
the purpose of research, survey, and commercial utilization, then they need to take permission
from the NBA. Indian citizens or corporates seeking to the same need to take permission from
their respective State Biodiversity Boards.
The outcome of research that had utilized biological resources from India cannot be given to a
foreigner or a foreign company without the consent of the NBA. But such approval is not required
for the publication of the research in a journal done by institutions that affiliated with the Central
Government or approved by it.
State Biodiversity Boards (SBBs)
The SBBs are established by the State Governments in accordance with Section 22 of the Act
and deal with all matters relating to access by Indians for commercial purposes.
Functions of SBBs
• Advising the State Government on matters of biodiversity and its equitable distribution or
on matters relating to the conservation, sustainable use or sharing equitable benefits.
• Regulate granting of approvals or otherwise requests for commercial utilization or bio-
survey and bio-utilization of any biological resource by people.
Structure of SSBs
The State Biodiversity Board consists of the following members:
• A Chairperson
• Not more than five ex officio members to represent the concerned Departments of the State
Government
• Not more than five members from amongst experts in matters relating to conservation of
biological diversity, sustainable use of biological resources and equitable sharing of
benefits arising out of the use of biological resources.
• All the members of the SBB are appointed by the respective State Governments.

5. Biodiversity Management Committees (BMCs)
According to Section 41 of the Act, every local body shall constitute the BMC within its area for
the purpose of promoting conservation, sustainable use and documentation of biological diversity
including:
• Preservation of habitats
• Conservation of Landraces
• Folk varieties and cultivars
• Domesticated stocks and breeds of animals
• Microorganisms and chronicling of knowledge relating to biological diversity
Functions of BMC
• To prepare the People’s Biodiversity Register in consultation with the local people.
People’s Biodiversity Registers (PBR)
• The PBRs focus on participatory documentation of local biodiversity, traditional
knowledge and practices. They are seen as key legal documents in ascertaining the rights
of local people over the biological resources and associated traditional knowledge.
• The register shall contain comprehensive information on the availability and knowledge of
local biological resources, their medicinal or any other use or any other traditional
knowledge associated with them.
• To provide education and awareness on Biodiversity building
• Eco‐restoration of the local biodiversity
• Providing feedback to the SBB in the matter of IPR, Traditional Knowledge and local
Biodiversity issues, wherever feasible and essential feedback to be provided to the NBA.
• Conservation of traditional varieties/breeds of economically important plants/animals.
• Management of Heritage Sites including Heritage Trees, Animals/ Microorganisms, etc.,
and Sacred Groves and Sacred Waterbodies. Check out the list of UNESCO world heritage
sites in India on the linked page.
Structure
• A chairperson and not more than 6 persons nominated by the local body.
• Out of total members of a BMC, not less than one third should be women and not less
than 18% should belong to the Scheduled Castes/ Scheduled Tribes.
• The Chairperson of the BMC shall be elected from amongst the members of the
committee in a meeting to be chaired by the Chairperson of the local body.
• The chairperson of the local body shall have the casting votes in case of a tie.

6. Drivers posing challenges to genetic diversity
• Direct drivers
- Climate change
- Natural resource availability
- Overuse of agricultural chemicals
- Land-use changes
• Indirect drivers
- Demography (world population growth, migrations, food demand, quality and
nutrition),
- Economy (globalization, market, and trade forces),
- Socio politics (consumption choices, and policies, institutional and legal frameworks), and
- Science and technology (use of modern breeding techniques in isolation)
Leading to -
o food and nutritional insecurity
o poverty due to low farm incomes
o poor ecosystem services & vulnerability to climate change
Why there is need of ABS (access and benefit sharing)
• Large part of the world’s biodiversity is in poor countries (mega-biodiverse countries)
• Huge quantities of bio-resources are being collected; but not properly priced.
• Local communities are involved (hard work and unique knowledge), but have limited direct
benefits of collection and/or use.
• User groups are diverse (regional, national, MNCs)
• Domestic and international bio-resources markets are imperfect
• Bio-resources are being overexploited in the absence of effective implementation of
sustainable use measures
• Institutional and legal efforts are in place, but awareness is limited
• Bio-resources transaction happen in India at the collection point that are traditional in
fashion with limited knowledge and information about provider/sellers and buyers
• Prices of bio-resources are generally inaccurate
• Local communities are exploited due to negligible/low price paid by those who source the
resources.
But …
o Local communities have huge stake in these resources (collection, conservation,
management and sustainable use)
o They need to be supported to promote these objective through innovative actions
o Access and Benefit Sharing (ABS) is an emerging option under the guidelines of
Convention of Biological Diversity (CBD) and the Biological Diversity Act of India
(2002).

7. The Biological Diversity Act, 2002
12 Chapters, 65 Sections & Many Subsections
Principals of the Act
▪ Sovereign Rights of India over its biodiversity
▪ Stop bio-piracy
▪ Regulation of Access to genetic resources and associated knowledge by foreign
individuals, institutions or companies
▪ Provide access on Mutually Agreed Term (MAT) based on Prior Informed Consent (PIC)
and fair equitable sharing of the benefits arising from the utilization of genetic resources
▪ Protect the biodiversity of India occurring outside the Protected areas
Scope of the Biological Diversity Act 2002
• Biological resources and associated knowledge
• Transfer of research results
• Transfer of already accessed biological resources/Associated knowledge
The Structures of Biodiversity Act- 2002
— National Biodiversity Authority (NBA): All matters relating to requests for access by
foreign individuals, institutions or companies, and all matters relating to transfer of results
of research to any foreigner will be dealt with by the National Biodiversity Authority.
— State Biodiversity Boards (SBB): All matters relating to access by Indians for
commercial purposes will be under the purview of the State Biodiversity Boards (SBB).
The Indian industry will be required to provide prior intimation to the concerned SBB
about the use of biological resource. The State Board will have the power to restrict any
such activity, which violates the objectives of conservation, sustainable use and equitable
sharing of benefits.
— Biodiversity Management Committees (BMCs): Institutions of local self government
will be required to set up Biodiversity Management Committees in their respective areas
for conservation, sustainable use, documentation of biodiversity and chronicling of
knowledge relating to biodiversity.
Regulation of Access to Biodiversity

8. • There are no restrictions on local communities, limited restrictions on Indians and stronger
restrictions on foreign nationals and entities for obtaining biological materials
• Result of biodiversity related research not to be transferred to certain persons without
approval of NBA (Transfer does not include research papers, dissemination of knowledge
in seminar or workshop, collaborative projects approve by Govt. of India)
• Application of IPR, all parties are obliged to seek the approval of NBA who may impose
monetary or non-monetary benefit sharing.
Restriction for access
• The Act imposes certain restrictions on request related to access to biological resources
and traditional knowledge if the request is on
• Endangered , endemic and rare taxa
• Likely adverse effects on the livelihood of the local people
• Adverse and irrecoverable environmental impact
• Cause genetic erosion or affect ecosystem function
• Purpose contrary to national interests and other related international agreements to which
India is Party
Transfer of biological resource or knowledge
• No person who have been granted permission to access
• Bio-resources / knowledge - shall transfer to third party without knowledge of NBA
• NBA can grant permission with term and conditions as it may deem fit including royalty
• The NBA shall give public notice of every such approval
Determination of Equitable Benefit-Sharing
The conditions for equitable benefit sharing arising should be on mutual agreed terms. It can be
• Joint ownership of IPR to NBA or benefit claimers
• Transfer of technology
• Location of development units in such areas which will facilitate better living standards
• Setting up of venture capital fund
• Association of Indian scientists, benefit claimers and the local people
• Payment of monetary compensation and non monitory benefits to benefit claimers.
Exemptions under the Act
Act provides exemption of certain activities from its purview :
• To local people and community for free access to use bioresources within India.
• To growers and cultivators, vaids and hakims (practitioners of traditional medicinal
systems) to use bio resources.

9. • To biological resources, normally traded as commodities notified by the Central
Government under section 40 of the Act.
• To collaborative research through government-sponsored institutes subject to conformity
with guidelines and approval of the Central / State Governments.
• To access value added products.
• For research by Indians in India.
Article 15 of the CBD set out rules for governing ABS. Under this, Governments have two
responsibilities:
1. Creating an enabling environment to access bio-resources in an environmentally sound
manner
2. Ensure the benefits from the use are shared fairly and equitably (Providers of resources
receive fair benefits from their users).
Definition (S. 2)
(c) Biological resources means plants, animals and microorganisms or parts thereof, their genetic
material and byproducts (excluding value added products) with actual or potential use or value,
but does not include human genetic material.
(d) Bio-survey and bio-utilization means survey or collection of species, subspecies, genes,
components and extracts of biological resource for any purpose and includes characterisation,
inventorisation and bioassay.
(f) Commercial utilization means end uses of biological resources for commercial utilization such
as drugs, industrial enzymes, food flavours,fragrance, cosmetics, emulsifiers, oleoresins,colours,
extracts and genes used for improving crops and livestock through genetic intervention, but does
not include conventional breeding or traditional practices in use in any agriculture, horticulture,
poultry,dairy farming, animal husbandry or bee keeping.
(m) Research means study or systematic investigation of any biological resource or technological
application, that uses biological systems, living organisms or derivatives thereof to make or modify
products or processes for any use.
Lecture No.14. Convention on Biological Diversity
Convention on Biodiversity (CBD)
• Bio-diversity:
The variability among living organisms from all sources including, inter alia (among other
things), terrestrial, marine and other aquatic ecosystems and the ecological complexes of which
they are part; this includes diversity within species, between species and of ecosystems.
The three preambles of Biodiversity are:
• Conservation of Biodiversity

10. • Sustainable use of Biodiversity and leaving enough for the future generations.
• Fair and equitable sharing of Profits arising out of the use of biodiversity
The convention was opened for signature at the Earth Summit in Rio de Janeiro on 5 June
1992 and entered into force on 29 December 1993.
It has two supplementary agreements, the Cartagena Protocol and Nagoya Protocol.
The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is an international
treaty governing the movements of living modified organisms (LMOs) resulting from
modern biotechnology from one country to another. It was adopted on 29 January 2000 as a
supplementary agreement to the CBD and entered into force on 11 September 2003.
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of
Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity is another
supplementary agreement to the CBD. It provides a transparent legal framework for the effective
implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits
arising out of the utilization of genetic resources. The Nagoya Protocol was adopted on 29 October
2010 in Nagoya, Japan, and entered into force on 12 October 2014.
2010 was also the International Year of Biodiversity, and the Secretariat of the CBD was its focal
point. Following a recommendation of CBD signatories at Nagoya, the UN declared 2011 to 2020
as the United Nations Decade on Biodiversity in December 2010. The convention's Strategic Plan
for Biodiversity 2011-2020, created in 2010, include the Aichi Biodiversity Targets.
International bodies established under CBD
Conference of the Parties (COP) The convention's governing body is the Conference of the Parties
(COP), consisting of all governments (and regional economic integration organizations) that have
ratified the treaty.
This ultimate authority reviews progress under the convention, identifies new priorities, and sets
work plans for members.
The COP can also make amendments to the convention, create expert advisory bodies, review
progress reports by member nations, and collaborate with other international organizations and
agreements.
The Conference of the Parties uses expertise and support from several other bodies that are
established by the convention. In addition to committees or mechanisms established on an ad
hoc basis, the main organs are:
CBD Secretariat

11. The CBD Secretariat, based in Montreal, Quebec, Canada, operates under UNEP, the United
Nations Environment Programme. Its main functions are to organize meetings, draft documents,
assist member governments in the implementation of the programme of work, coordinate with
other international organizations, and collect and disseminate information.
Subsidiary Body for Scientific, Technical and Technological Advice (SBSTTA)
The SBSTTA is a committee composed of experts from member governments competent in
relevant fields. It plays a key role in making recommendations to the COP on scientific and
technical issues.
International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA)
The International Treaty on Plant Genetic Resources for Food and Agriculture (also known
as ITPGRFA, International Seed Treaty or Plant Treaty, is a comprehensive international
agreement in harmony with the Convention on Biological Diversity, which aims at
guaranteeing food security through the conservation, exchange and sustainable use of the
world's plant genetic resources for food and agriculture (PGRFA), the fair and equitable benefit
sharing arising from its use, as well as the recognition of farmers' rights. It was signed in 2001 in
Madrid, and entered into force on 29 June 2004.
The Treaty establishes the Multilateral System of Access and Benefit-sharing to facilitate
plant germplasm exchanges and benefit sharing through Standard Material Transfer
Agreement (SMTA). The treaty was negotiated by the Food and Agriculture Organization of the
United Nations (FAO) Commission on Genetic Resources for Food and Agriculture (CGRFA) and
since 2006 has its own Governing Body under the aegis of the FAO International Treaty on Plant
Genetic Resources for Food and Agriculture
Food and Agriculture Organization of the United Nations (FAO) headquarters, Rome, Italy
ARTICLE 8 | In-situ Conservation Each Contracting Party shall, as far as possible and as
appropriate:
(a) Establish a system of protected areas or areas where special measures need to be taken to
conserve biological diversity;
(b) Develop, where necessary, guidelines for the selection, establishment and management of
protected areas or areas where special measures need to be taken to conserve biological diversity;
(c) Regulate or manage biological resources important for the conservation of biological diversity
whether within or outside protected areas, with a view to ensuring their conservation and
sustainable use;
(d) Promote the protection of ecosystems, natural habitats and the maintenance of viable
populations of species in natural surroundings;

12. (e) Promote environmentally sound and sustainable development in areas adjacent to protected
areas with a view to furthering protection of these areas;
(f) Rehabilitate and restore degraded ecosystems and promote the recovery of threatened species,
inter alia, through the development and implementation of plans or other management strategies;
(g) Establish or maintain means to regulate, manage or control the risks associated with the use
and release of living modified organisms resulting from biotechnology which are likely to have
adverse environmental impacts that could affect the conservation and sustainable use of biological
diversity, taking also into account the risks to human health;
(h) Prevent the introduction of, control or eradicate those alien species which threaten ecosystems,
habitats or species;
(i) Endeavour to provide the conditions needed for compatibility between present uses and the
conservation of biological diversity and the sustainable use of its components;
(j) Subject to its national legislation, respect, preserve and maintain knowledge, innovations and
practices of indigenous and local communities embodying traditional lifestyles relevant for the
conservation and sustainable use of biological diversity and promote their wider application with
the approval and involvement of the holders of such knowledge, innovations and practices and
encourage the equitable sharing of the benefits arising from the utilization of such knowledge,
innovations and practices;
(k) Develop or maintain necessary legislation and/or other regulatory provisions for the protection
of threatened species and populations;
(l) Where a significant adverse effect on biological diversity has been determined pursuant to
Article 7, regulate or manage the relevant processes and categories of activities
(m) Cooperate in providing financial and other support for in-situ conservation
ARTICLE 9 .Ex-situ Conservation Each Contracting Party shall, as far as possible and as
appropriate, and predominantly for the purpose of complementing in-situ measures:
(a) Adopt measures for the ex-situ conservation of components of biological diversity, preferably
in the country of origin of such components;
(b) Establish and maintain facilities for ex-situ conservation of and research on plants, animals
and micro-organisms, preferably in the country of origin of genetic resources;
(c) Adopt measures for the recovery and rehabilitation of threatened species and for their
reintroduction into their natural habitats under appropriate conditions;

13. (d) Regulate and manage collection of biological resources from natural habitats for ex situ
conservation purposes so as not to threaten ecosystems and in-situ populations of species, except
where special temporary ex-situ measures are required under subparagraph (c) above; and
(e) Cooperate in providing financial and other support for ex-situ conservation outlined in
subparagraphs (a)–(d) above and in the establishment and maintenance of ex-situ conservation
facilities in developing countries.
ARTICLE 10 .Sustainable Use of Components of Biological Diversity
Each Contracting Party shall, as far as possible and as appropriate:
(a) Integrate consideration of the conservation and sustainable use of biological resources into
national decision-making;
(b) Adopt measures relating to the use of biological resources to avoid or minimize adverse impacts
on biological diversity;
(c) Protect and encourage customary use of biological resources in accordance with traditional
cultural practices that are compatible with conservation or sustainable use requirements;
(d) Support local populations to develop and implement remedial action in degraded areas where
biological diversity has been reduced; and
(e) Encourage cooperation between its governmental authorities and its private sector in
developing methods for sustainable use of biological resources.
Article 1. Objectives
objectives
– conservation and sustainable use of plant genetic resources for food and agriculture
– the fair and equitable sharing of benefits derived from their use, in harmony with the
CBD, for sustainable agriculture and food security
International Treaty on Plant Genetic Resources for Food and Agriculture
– adopted in November 2001
– entered into force on June 29, 2004, 112 parties
(http://www.fao.org/Legal/TREATIES/033s-e.htm)
• Definition: "any genetic material of plant origin of actual or potential value for food and
agriculture
The convention was opened for signature at the Earth Summit in Rio de Janeiro on 5 June 1992
and entered into force on 29 December 1993. The United States is the only UN member state which
has not ratified the convention.[1]
It has two supplementary agreements, the Cartagena Protocol
and Nagoya Protocol.

14. The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is an international
treaty governing the movements of living modified organisms (LMOs) resulting from
modern biotechnology from one country to another. It was adopted on 29 January 2000 as a
supplementary agreement to the CBD and entered into force on 11 September 2003.
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of
Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity is another
supplementary agreement to the CBD. It provides a transparent legal framework for the effective
implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits
arising out of the utilization of genetic resources. The Nagoya Protocol was adopted on 29 October
2010 in Nagoya, Japan, and entered into force on 12 October 2014.
2010 was also the International Year of Biodiversity, and the Secretariat of the CBD was its focal
point. Following a recommendation of CBD signatories at Nagoya, the UN declared 2011 to 2020
as the United Nations Decade on Biodiversity in December 2010. The convention's Strategic Plan
for Biodiversity 2011-2020, created in 2010, include the Aichi Biodiversity Targets.
Some of the many issues dealt with under the convention include:[5]
• Measures the incentives for the conservation and sustainable use of biological diversity.
• Regulated access to genetic resources and traditional knowledge, including Prior Informed
Consent of the party providing resources.
• Sharing, in a fair and equitable way, the results of research and development and the benefits
arising from the commercial and other utilization of genetic resources with the Contracting
Party providing such resources (governments and/or local communities that provided the
traditional knowledge or biodiversity resources utilized).
• Access to and transfer of technology, including biotechnology, to the governments and/or local
communities that provided traditional knowledge and/or biodiversity resources.
• Technical and scientific cooperation.
• Coordination of a global directory of taxonomic expertise (Global Taxonomy Initiative).
• Impact assessment.
• Education and public awareness.
• Provision of financial resources.
• National reporting on efforts to implement treaty commitments.
International bodies established under CBD
Conference of the Parties (COP) The convention's governing body is the Conference of the Parties
(COP), consisting of all governments (and regional economic integration organizations) that have
ratified the treaty. This ultimate authority reviews progress under the convention, identifies new
priorities, and sets work plans for members. The COP can also make amendments to the

15. convention, create expert advisory bodies, review progress reports by member nations, and
collaborate with other international organizations and agreements.
The Conference of the Parties uses expertise and support from several other bodies that are
established by the convention. In addition to committees or mechanisms established on an ad
hoc basis, the main organs are:
CBD Secretariat
The CBD Secretariat, based in Montreal, Quebec, Canada, operates under UNEP, the United
Nations Environment Programme. Its main functions are to organize meetings, draft documents,
assist member governments in the implementation of the programme of work, coordinate with
other international organizations, and collect and disseminate information.
Subsidiary Body for Scientific, Technical and Technological Advice (SBSTTA)
The SBSTTA is a committee composed of experts from member governments competent in
relevant fields. It plays a key role in making recommendations to the COP on scientific and
technical issues.
International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA)
The International Treaty on Plant Genetic Resources for Food and Agriculture (also known
as ITPGRFA, International Seed Treaty or Plant Treaty, is a comprehensive international
agreement in harmony with the Convention on Biological Diversity, which aims at
guaranteeing food security through the conservation, exchange and sustainable use of the
world's plant genetic resources for food and agriculture (PGRFA), the fair and equitable benefit
sharing arising from its use, as well as the recognition of farmers' rights. It was signed in 2001 in
Madrid, and entered into force on 29 June 2004.
The treaty recognises farmers' rights, subject to national laws to:
a) the protection of traditional knowledge relevant to plant genetic resources for food and
agriculture; b) the right to equitably participate in sharing benefits arising from the utilisation of
plant genetic resources for food and agriculture; and
c) the right to participate in making decisions, at the national level, on matters related to the
conservation and sustainable use of plant genetic resources for food and agriculture.
The Treaty establishes the Multilateral System of Access and Benefit-sharing to facilitate
plant germplasm exchanges and benefit sharing through Standard Material Transfer
Agreement (SMTA). The treaty was negotiated by the Food and Agriculture Organization of the

16. United Nations (FAO) Commission on Genetic Resources for Food and Agriculture (CGRFA) and
since 2006 has its own Governing Body under the aegis of the FAO
International Treaty on Plant Genetic Resources for Food and Agriculture
Food and Agriculture Organization of the United Nations (FAO) headquarters, Rome, Italy
The instrument of ratification has to be deposited with the Director-General of FAO
Challenges
• Inadequate capacity of stakeholders, especially SBBs and BMCs
• Building trust among stakeholders
• Mainstreaming of biodiversity
• Receipt of incomplete applications
• Complexity of issues and no precedence elsewhere, no case laws
• Monitoring the post approval compliance by the user of BR/AK
• Utilization of Benefit sharing with the benefit claimers
Harnessing Advantages of IPR
IPR protection does not guarantee any economic benefit
• Benefits accrued : economic value and marketability
• Commercialization involves a considerable amount of risk
• Public–private partnerships
• Licensing, assignment and joint ventures
Nevertheless, it would also require
• Internal competence towards IPR governance
• Negotiation with potential partners
• Capability of assessing and evaluating IPR value
• Assessment of impact / performance of the technology
• Professional management of the IPR portfolio
Faith and confidence for a mutually beneficial, long-lasting partnership.
Success of IPR would depend upon
• Quality of the technology generated
• Marketability of the technology
• Linkage between Public and Private sector
• Competitive and strategic licensing
• Monitoring of the licensed technologies
• Professional portfolio management