This Indian legislation acknowledges that the conservation, exploration, collection, characterization and evaluation of plant genetic resources for food and agriculture are essential to meet the goals of national food and nutritional security, as also for the sustainable development of agriculture for the present and future generations.

The concept of effective benefit sharing arrangement between the provider and recipient of plant genetic resources forms an integral part of the Act. The amount of benefit sharing will be based on the extent and nature of the use of genetic material of the claimant in the development of the variety and also commercial use and sale in the market of the variety. Thus, the Act provides for mandatory disclosure of the geographic location from where the genetic material has been taken and the information relating to the contribution, if any, of the farming community involving such variety. The protection provided to a plant variety bred by a breeder can be cancelled if there is an omission or wrongful disclosure of information. Such a mandatory disclosure will prevent patenting or monopolizing of plant varieties inclusive of medicinal plants to the exclusion of rightful breeders or cultivators.

The Indian Ministry of Environment and Forests

Under its mandate to oversee BD, the ministry issued a circular in 1998 to all universities and research institutes prohibiting the transfer of genetic material outside the country without prior informed consent and proper material transfer agreement.

The Karnataka Community Intellectual Rights Bill, 1994

This is an Act to provide for the establishment of a sui generis system in respect of plant varieties in the state of Karnataka. As per this Act, no community-based innovation shall be sold or assigned to foreign-based institutions and individuals except jointly with the state government or its assignees. Any organization or corporation using any innovation for commercial utilization shall pay to the local community the custodian of such an innovation not less than 20 per cent of the gross sales of any product or process incorporating the innovation.

The Kerala Tribal Intellectual Property Rights Bill, 1996

This bill in the draft form seeks similar provisions to be implemented in the state of Kerala.

The Geographical Indication of Goods (Registration and Protection) Act, 1999

The Act is primarily meant to protect the valuable GIs of our country. It may be possible for holders of TK in goods produced and sold using GI to register and protect their TK under this law.