Exchange of biological control genetic resources in India: prospects and constraints for access and benefit sharing

The Nagoya Protocol for access and benefit sharing (ABS) attaches significance to India since the country exchanges classical biological control agents to manage invasive alien species. Classical biological control differs from commercial biological control in that it involves the use of co-evolved, host specific natural enemies from the host’s native region to control the host wherever invasive. The national Biological Diversity Act is responsible for implementing ABS in India. It stipulates the means for use of biological resources for various purposes including research and commerce. However, commercial use of bioresources as biological control agents is not included. ABS regulates the exchange of research results using biological resources and related intellectual property rights. India is yet to implement the Nagoya Protocol effectively due to certain gaps in the Biological Diversity Act concerning some of the key provisions in the protocol that need to be addressed. However, some examples of the application of ABS measures for export of biological resources are discussed here. For export of biological control agents from India, collaborative research with the recipient country is necessary and is governed by the Ministry of Agriculture and Farmers’ Welfare. Multiplication of biological control agents for commercial use and release is governed by ABS regulations. For importation of biological control agents into India, the exporting country regulations apply, and the Plant Protection Advisor grants permission. To implement the Nagoya Protocol effectively in India, we recommend that: (1) user country policies include clauses that discourage misuse of biological resources, (2) the consent of local communities be sought before accessing biological resources instead of just ‘consulting’ them, (3) ABS provisions are clearly stated, including what is covered and what is not covered under the Biological Diversity Act, (4) ABS provisions be made more flexible to facilitate compliance, and (5) the roles and responsibilities of each agency involved in ABS implementation be clearly defined.