Access & Benefit Sharing Provisions Under Biodiversity Conservation Law in Australia & Its Implications for India

Abstract

Australia played a major role in the developing ABS framework under biodiversity conservation law. Australia is a megadiverse country with complex ABS experience and possessed huge support from the biodiversity stakeholders. Australia has adopted the regulations regarding access benefit sharing under article 15 of CBD, 1992. The Australian legislation is in compliance with PIC and MAT. The agreement reaffirms faith in CBD, 1992, Bonn Guidelines, 2001 and Nagoya Protocol, 2009. The government system of Australia is a constitutional federation which is made up of six sovereign governments, two autonomous territories, and a national government. It has a ‘common law’ system adopted from Britain. Australia’s experience is extensive with ABS to draw lessons about developing an effective institutional mechanism for public and private sector with equitable benefit sharing in scientific and commercial access. The access and benefit sharing provisions under biodiversity conservation law in Australia have potential impact to design its national laws and policies for India by synergizing environmental law and intellectual property rights in a sustainable framework

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