National Biodiversity Authority (NBA) has been established by Government of India in October, 2003 at Chennai, Tamil Nadu under the Section 8 of the Act for pursuing the implementation of the Biological Diversity Act, 2002. The major function of NBA is to advise the Government of India on matters relating to conservation of biodiversity, sustainable use of its components and equitable sharing of benefits arising out of utilization of biological resources. The NBA is responsible for regulating access to biological diversity by foreigners and NRIs and ensures that the commercial benefit and intellectual property of the country is equitably shared amongst all stakeholders, especially local communities.
Advise the Government of India on matters relating to conservation of biodiversity, sustainable use of its components and equitable sharing of benefits arising out of utilization of biological resources
Regulate activities and issue guidelines for access to biological resources and for fair and equitable benefit sharing in accordance with the sections 3, 4 and 6 of the Biological Diversity Act, 2002. Certain individuals/ nationals/ organizations require prior approval of NBA for obtaining biological resources and/or associated knowledge for use.
Certain persons not to undertake biodiversity related activities without approval of National Biodiversity Authority (Section 3).
Results of research not to be transferred to certain persons without approval of National Biodiversity Authority (Section 4).
Application for IPR rights not to be made without approval of National Biodiversity Authority (Section 6).
Application for third party transfer of accessed biological resources and traditional knowledge (Section 20).
Take necessary measures to oppose the grant of intellectual property rights in any country outside India on any biological resource obtained from India or knowledge associated with such biological resource derived from India.
Advise the State Governments in the selection of areas of biodiversity importance to be notified as heritage sites and suggest measures for their management.
NBA and State Biodiversity Boards provide guidance and technical support to Biodiversity Management Committees (BMC) for preparing People´s Biodiversity Registers (PBR).
Perform such other functions as may be necessary to carry out the provisions of this Act.