International and National Framework on Access and Benefit Sharing

Abstract

Access and Benefit Sharing (ABS) of genetic resources became an international issue in the early 1980s, leading to the adoption of the Convention on Biological Diversity (CBD) in 1992. With the entry into force of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization, in October 2014, countries are gearing up for developing national ABS frameworks considering a range of administrative and regulatory provisions. There is a need to develop fair, transparent, and equal opportunities to the providers of genetic resources and knowledge holders. Benefit sharing can be both monetary and nonmonetary in the form of royalties, joint ventures, technology transfer, capacity building, etc., thus contributing to poverty alleviation and sustainable development of the developing countries. International and national framework on access and benefit sharing are discussed along with other sui generis systems of protection in India as Geographical Indications of Goods Act and Protection of Plant Varieties and Farmers’ Rights Act and the role of Traditional Knowledge Digital Library in protecting traditional knowledge and practices in India.