Section 18 of BDA : Section 18: Functions And Powers Of National Biodiversity Authority

Explanation using Example

Imagine a pharmaceutical company, "HerbHeal Pharmaceuticals," wants to conduct research on a rare medicinal plant found only in a specific region of India. Before they can legally collect samples of the plant for their research, they must seek approval from the National Biodiversity Authority (NBA) as per Section 18(1) and (2) of The Biological Diversity Act, 2002.

HerbHeal Pharmaceuticals submits an application to the NBA detailing their intended research, how they plan to access the biological resource, and how they will share any benefits that arise from their research equitably. The NBA reviews the application, ensuring that the activity will not harm biodiversity and that there is a fair benefit-sharing agreement in place.

Furthermore, as the plant is in a biodiversity hotspot, the NBA advises the state government to declare the area as a heritage site under Section 18(3)(b) to ensure its protection. Additionally, if HerbHeal Pharmaceuticals discovers a new compound in the plant and decides to file a patent, the NBA can take measures under Section 18(4) to oppose the grant of patents in other countries if the application does not recognize the origin of the biological resource or the associated traditional knowledge from India.