Abstract

With the Nagoya Protocol on Access and Benefit Sharing (ABS) coming into force on 12th October 2014, national and global debates on ABS shifted towards implementation of this new and challenging international framework at national levels. The time and energy spent on negotiating the framework and its adoption in 2010 by the Conference of Parties to the Convention on Biological Diversity (CBD) would now be reflected in the manner by which countries design their ABS frameworks considering options ranging from administrative to legal regimes. India is one of the few countries that had legislated a framework to deal with ABS in 2002. However, the implementation experience has been uneven and complex. This paper will review the state of play with regard to the Nagoya Protocol on ABS and the way India is responding to the implementation of the Protocol besides addressing challenges of implementing complimentary international obligations such as the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) and others.

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