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UPSC Prelims 2012 · Environment · Rules for the Planet

How does National Biodiversity Authority (NBA) help in protecting the Indian agriculture? Which of the statements given above is/are correct?

  1. NBA checks the biopiracy and protects the indigenous and traditional genetic resources.
  2. NBA directly monitors and supervises the scientific research on genetic modification of crop plants.
  3. Application for intellectual Property Rights related to genetic/biological resources cannot be made without the approval of NBA.
Show the answer and explanation

Answer: (c) 1 and 3 only

The NBA fights biopiracy and must approve IPR claims on Indian bio-resources.

Statement by statement

1. ✓ CORRECT The NBA fights biopiracy. CSIR challenged the turmeric patent; Indian and international campaigners challenged the neem patent, both before the NBA existed (2003).

2. ✗ WRONG GM crop research is regulated by the DBT’s RCGM and the GEAC, not the NBA.

3. ✓ CORRECT Section 6 historically required NBA approval before patent grant; amended rules distinguish registration, approval and commercial use.

The idea

Biopiracy is when a company takes a country’s biological resource or traditional knowledge, patents it elsewhere and shares nothing. The National Biodiversity Authority is the gate: foreign access to Indian biological resources needs approval; patent rules distinguish NBA registration, approval before grant and approval before commercial use.

Company wants to use an Indian plant or its traditional use → Applies to the National Biodiversity Authority → Authority consults the local committee → Sets terms for sharing the benefit → Patent rules: registration or approval before grant; approval before commercial use

The trap

GM crops sound like a “biodiversity” matter — but that is the GEAC’s job.

Also know

Known biopiracy cases: the US patent on wound-healing use of turmeric (cancelled 1997), the European patent on a neem-based fungicide (revoked), and the basmati rice patent. India’s Traditional Knowledge Digital Library records old medical texts in patent-office languages so that such patents can be refused. Genetic modification research is a different chain: the Department of Biotechnology and the GEAC.

🔒 NBA (Chennai, 2003): access + benefit sharing, IPR approval. GEAC: GM approvals.

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