ABSTRACT

This chapter critically examines the implementation of the Nagoya Protocol on Access and Benefit Sharing under the Convention on Biological Diversity (CBD) by the Indian Legal system. While referring to the major provisions of the Nagoya Protocol and its provisions on fair and non-arbitrary regulatory mechanisms of proper access rules, benefit sharing procedures, etc., the chapter investigates how far the Biological Diversity Act in India is meeting the requirements of the Nagoya Protocol and what needs to be done in giving full effect to the provisions of the Protocol.