NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT
India: The Biological Diversity (Amendment) Act, 2023
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Notifying
Member
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_India_
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Details
of the notified legal text
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Title
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The Biological
Diversity (Amendment) Act, 2023
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Subject
matter
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Other_
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Nature
of notification
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[ ] Main dedicated intellectual property law
or regulation_
[X] Other law or regulation_
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Link
to legal text[*]
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https://ip-documents.info/2025/IP/IND/25_05366_00_e.pdf
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Notification
status
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[ ] First notification
[X] Amendment
or revision to notified legal text
[ ]_ Replacement or consolidation of
notified legal text(s)
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Previous
notification(s) referred to
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Not applicable
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Brief
description of the notified legal text
_Brief description
of the notified legal text
• The Biological Diversity Amendment Act
has made amendments to the main Act of 2002. The Biological Diversity Act of
2002 is intended to conserve the biological diversity in India and provides
the mechanism for equitable sharing of benefits arising out of the use of
biological resources and knowledge associated thereto obtained from India.
• The Act regulates access to the
biological resources and is not a main dedicated intellectual property law;
however, it has provisions (Section 6) to regulate the Intellectual Property
Rights based on any research or information on the biological resources which
is accessed from India.
• Any person or entity applying for
intellectual property rights for any invention based on any research or
information on biological resources which is accessed from India, including
those deposited in repositories outside India, or traditional knowledge associated
thereto, shall obtain prior approval of the National Biodiversity Authority
before the grant of intellectual property rights.
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Language(s)
of notified legal text
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English
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Entry
into force
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1 April 2024
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Other
date
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Notification
details
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Submission
date of notification
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28 July 2025
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Other
information
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Link to Legal Text:
http://nbaindia.org/uploaded/pdf/BDAct_2023.pdf
Previous notification done
in WIPO:
https://www.wipo.int/wipolex/en/legislation/details/6058
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Agency or authority
responsible
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Ministry of Environment, Forest and Climate Change
Indira Paryavaran Bhawan, Jorbagh Road
New Delhi – 110 003
India
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[*] Links are provided to texts of laws and regulations notified under
the TRIPS Agreement in the form supplied by the Member concerned; the WTO
Secretariat does not endorse or revise their content.