Biodiversity Preservation & Access And Benefit Sharing Law In India

Document Type : Primary Research paper


1 Professor, Faculty of Law, Aligarh Muslim University, Aligarh-202001

2 Assistant Professor (Guest Faculty), (PhD DST-INSPIRE), Department of Geography, Kirori Mal College, Delhi University, Delhi (India)

3 Zakir Hussain College of Engineering & Technology, Aligarh Muslim University, Aligarh (U.P./India)


The Convention on Biological Diversity (CBD), 1992 protects biodiversity. The
Bonn Guidelines, 2001 provides the Access and Benefit Sharing (ABS) framework law.
The Nagoya Protocol, 2010 enunciates implementing mechanism. These laws intended for
biodiversity preservation and FESB by the state. The ABS law and strategy worldwide
forswears collaboration with natural maintainability, protected innovation and sui generis
framework. The Indian ABS model uncovers civil, customary information profoundly
pondering communitarian natural administration and Intellectual Property (IP)
framework. The primary investigation of standard regulations worldwide and Indian
biodiversity preservation laws uncover a monistic public setting. However, the paper
prompts the contending set of interests of biodiversity assets, supportable turn of events
and ecological equity.