Plants may be cultivated in another country, or outside their natural environment under controlled conditions. Many plants are available in one country even though originally from another. Similarly, samples of botanical species have been taken and kept in collections in different countries of the world. For example, Indian plant specimens are lodged at the Kew Herbarium in London.
Where biological resources, including specimens of medicinal plants are sourced from India, some biological material measure of protection and control against bio-piracy is sought to be provided under the Biological Diversity Bill, 2000. Under this Bill, a National Biodiversity Authority would be set up, with similar authorities at the State and local levels. Chapter II of this Bill, entitled 'Regulation of Biological Diversity', provides that a foreigner or a non-resident Indian requires the previous approval of the National Biodiversity Authority for obtaining any biological resource occurring in India for research or for commercial utilization or for bio-survey and bio-utilization. An Indian can obtain a biological resource for commercial utilization or bio-survey and bio-utilization after giving prior intimation to the State Biodiversity Board concerned. A local person or community need not do this. The Bill further provides that whenever an intellectual property right is sought in or outside India based on an Indian biological resource (except in the case of a plant variety), the previous approval of the National Biodiversity Authority would be necessary.
The requirement of benefit sharing would apply whenever biological resources are obtained from India. The National Biodiversity Authority has regulatory powers and is required to ensure equitable benefit sharing in relation to biological resources. The Protection of Plant Varieties and Farmers' Rights Authority under the Protection of Plant Varieties and Farmers' Rights Act, 2001 also has the power to determine benefit sharing, in relation to a registered variety.