UPSC Prelims Practice Questions — Regulatory reforms under Biological Diversity (Amendment) Act, 2023 lead to surge in IPR filings

Q1. Under the three-tier institutional structure of the Biological Diversity Act, 2002, which one of the following bodies has been constituted in the largest numbers across the States and Union Territories of India?

  • A. National Biodiversity Authority
  • B. State Biodiversity Boards
  • C. Biodiversity Management Committees
  • D. Biodiversity Heritage Site expert committees

Q2. Which one of the following best describes the primary mandate of a Biodiversity Management Committee (BMC) under the Biological Diversity Act?

  • A. Conservation, sustainable use and documentation of local biodiversity, including preparation of People's Biodiversity Registers
  • B. Granting prior approval to foreign entities seeking access to Indian biological resources
  • C. Regulating access by Indian companies to biological resources for commercial use
  • D. Issuing Certificates of Registration to applicants before they file for patents

Q3. The Biological Diversity (Amendment) Act, 2023 is administered by which one of the following Union ministries?

  • A. Ministry of Environment, Forest and Climate Change
  • B. Ministry of AYUSH
  • C. Ministry of Science and Technology
  • D. Ministry of Tribal Affairs

Q4. As a result of the decriminalisation of offences under the Biological Diversity (Amendment) Act, 2023, contraventions of the Act are now punishable with which one of the following?

  • A. A monetary penalty of between Rs 1 lakh and Rs 50 lakh, with continuing contravention attracting an additional penalty up to Rs 1 crore
  • B. Imprisonment of up to five years, or a fine, or both
  • C. Imprisonment of up to three years and a fine up to Rs 10 lakh
  • D. Cancellation of company registration and debarment for ten years

Q5. A person intending to apply for an intellectual property right based on a biological resource obtained from India must obtain a mandatory Certificate of Registration from which one of the following authorities?

  • A. National Biodiversity Authority
  • B. Office of the Controller General of Patents, Designs and Trade Marks
  • C. State Biodiversity Board of the applicant's State
  • D. Biodiversity Management Committee of the local area

Q6. Which one of the following correctly describes the Certificate of Registration (CoR) requirement under the amended Act with respect to intellectual property rights?

  • A. The CoR must be obtained from the NBA before an application for the IPR is filed, where the invention is based on an Indian biological resource
  • B. The CoR is required only after the patent has been granted, before commercial exploitation begins
  • C. The CoR is required only for IPR applications filed by foreign nationals, not by Indian applicants
  • D. The CoR merely records the transfer of an already-granted patent to a third party

Q7. Which one of the following bodies functions as India's Competent National Authority for the United Nations Convention on Biological Diversity?

  • A. National Biodiversity Authority
  • B. Botanical Survey of India
  • C. Wildlife Institute of India
  • D. Central Zoo Authority

Q8. Consider the following statements comparing the Convention on Biological Diversity (CBD) and the Nagoya Protocol: 1. The CBD was adopted in 1992 at the Rio Earth Summit, whereas the Nagoya Protocol was adopted later, in 2010. 2. The Nagoya Protocol is a supplementary agreement to the CBD that specifically addresses Access and Benefit Sharing of genetic resources. 3. India ratified the Nagoya Protocol in the same year in which the CBD was adopted. Which of the statements given above is/are correct?

  1. The CBD was adopted in 1992 at the Rio Earth Summit, whereas the Nagoya Protocol was adopted later, in 2010.
  2. The Nagoya Protocol is a supplementary agreement to the CBD that specifically addresses Access and Benefit Sharing of genetic resources.
  3. India ratified the Nagoya Protocol in the same year in which the CBD was adopted.
  • A. 1 and 2 only
  • B. 2 and 3 only
  • C. 1 and 3 only
  • D. 1, 2 and 3

Q9. As reported by the NBA for the surge in IPR applications during April 2025–March 2026, consider the following fields: 1. Pharmaceuticals 2. Polymer technology 3. Aerospace engineering 4. Agrochemicals Which of the above are correctly identified as among the sectors covered by these applications?

  1. Pharmaceuticals
  2. Polymer technology
  3. Aerospace engineering
  4. Agrochemicals
  • A. 1, 2 and 4
  • B. 2, 3 and 4
  • C. 1 and 3 only
  • D. 1, 2, 3 and 4

Q10. In the NBA data for April 2025–March 2026, the figure of 885 refers to which one of the following?

  • A. The number of Certificates of Registration issued by the NBA
  • B. The number of IPR applications received by the NBA
  • C. The number of patents granted based on Indian biological resources
  • D. The number of Biodiversity Management Committees newly registered

Q11. Which one of the following is the first Indian statute enacted specifically to give domestic effect to the Convention on Biological Diversity, and which the 2023 amendment amends?

  • A. The Biological Diversity Act, 2002
  • B. The Environment (Protection) Act, 1986
  • C. The Wild Life (Protection) Act, 1972
  • D. The Forest (Conservation) Act, 1980

Q12. Under India's Access and Benefit Sharing framework, a foreign individual or entity seeking access to Indian biological resources must obtain prior approval primarily from which one of the following authorities?

  • A. National Biodiversity Authority
  • B. The concerned State Biodiversity Board
  • C. The local Biodiversity Management Committee
  • D. The Ministry of External Affairs