State Biodiversity Board — Intellectual Property Rights II Notes

State Biodiversity Board

If the NBA is the national gatekeeper, the State Biodiversity Board is the state-level counterpart — the body Indian businesses deal with when they want to use local biological resources commercially. It is often paired with the NBA in a “compare and contrast” question, so keep the division of labour sharp.

The SBB — constitution and functions

A. Constitution — s.22

Each State Government shall establish a State Biodiversity Board under s.22. It consists of a Chairperson, up to five ex-officio members (State Government departments) and up to five expert members appointed by the State Government.

B. Functions — s.23

The SBB’s functions are to:

• Advise the State Government on conservation, sustainable use and equitable benefit-sharing of biological resources.
• Regulate, by granting approvals or otherwise, requests for commercial utilisation or bio-survey by Indians (Indian citizens and Indian companies) under s.7.
• Take steps to oppose or restrict activities that are harmful to biodiversity.

C. Powers — s.24

Under s.24, the SBB may prohibit or restrict any activity of an Indian which is detrimental to biodiversity, after consulting the local body; it may also require prior intimation for commercial use (s.7).

Section 22(1): “The State Government shall … establish a Board for the State to be known as the (name of the State) Biodiversity Board.”

In Simple Terms: The SBB handles Indians using local resources commercially. Indians give it prior intimation (s.7); it advises the State, and can restrict activities harmful to biodiversity (s.24). Foreigners still go to the NBA.

🧩 WORKED EXAMPLE — an Indian firm’s commercial use

Facts. An Indian company wants to commercially use a locally-occurring medicinal plant.

Rule. s.7 — an Indian citizen or Indian body must give prior intimation to the SBB before obtaining a biological resource for commercial utilisation; the SBB may restrict it under s.24.

Apply. The company is Indian and the use is commercial; it must intimate the SBB, not seek NBA approval.

Conclusion. The SBB is the correct authority; the firm proceeds after prior intimation, subject to any s.24 restriction.

⚠️ DON’T CONFUSE — NBA vs SBB

Do NOT route an Indian commercial user to the NBA. Foreigners/foreign entities → NBA (s.3, prior approval). Indian citizens/companies for commercial use → SBB (s.7, prior intimation). Getting the authority wrong loses the whole applied mark.

flowchart TD
    ROOT["State Biodiversity Board (s.22)"]:::root
    ROOT --> A["Advise State Government (s.23)"]:::leaf
    ROOT --> B["Regulate Indian commercial use / bio-survey (s.7)"]:::leaf
    ROOT --> C["Restrict harmful activities (s.24)"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

• Divya Pharmacy v Union of India (2018) — Uttarakhand SBB’s benefit-sharing demand on an Indian firm upheld.

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