Obligations of the Project Investigators under the Biological Diversity Act, 2002
1) If any non-Indian is involved in research based on biological resource / associated knowledge, prior approval of National Biodiversity Authority (NBA) is prerequisite, before accessing the biological resource/ associated knowledge by such non-Indian researcher/ scientist.
2) Transferring the results of research to certain persons viz., non-Indian individual or entity / NRI / Indian entity having non-Indian participation in share capital or management, needs prior approval of NBA by applying in Form-II.
3) Applying any Intellectual Property Rights in or outside India for inventions based on any research or information on a biological resource obtained from India, needs prior approval of NBA by applying in Form-III.
4) Any biological resources are to be obtained from another country outside India, it should be in compliance with the relevant domestic laws and regulatory requirements of the provider country.
5) Indian Researchers/Government Institutions are required to obtain prior approval of NBA by applying in Form-B for conducting non-commercial research or research for emergency purpose outside India.
6) An Indian scientist/ researcher who intends to deposit microorganisms in a repository outside India for claim of novel species has to intimate NBA in Form-C.
7) Any non-compliance of the provisions of the Biological Diversity Act and Rules constitutes a cognizable and non-bailable offence.
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