International Journal of Law


International Journal of Law
International Journal of Law
Vol. 5, Issue 2 (2019)

South African model of access and benefit sharing and its implication for India


Mehdi Amirmahmoudi, Md. Zafar Mahfooz Nomani

Access Benefit Sharing under CBD, 1992 requires the equitable sharing and inclusion of every stakeholder involved in the development of biological resources. South Africa and India has taken steps in the formulation of ABS oriented IPR regime for regulating access to biological resources. South Africa is rich with biodiversity which could be a source of products that are commercially exploitable and beneficial for the economy. The development of such kind coupled with efficient natural resource management system can bring both financial and non-financial benefits. Similarly, India has modeled biodiversity governance demonstrating for equitable sharing of benefits under Biological Diversity Act, 2002; Biological Diversity Rules, 2004 and ABS Guidelines, 2014. It also developed system for non-resident Indian to undertake research on biodiversity by issuing an Internationally Recognized Certificate of Compliance in 2015.
Pages : 60-64