Access and Benefit Sharing MCQ - Practice Questions with Answers

6Consider the following statements about sharing of benefits under India's 2014 ABS Guidelines: 1. When approval is granted by the NBA, 5.0% of accrued benefits go to the NBA, out of which half may be retained by it and half passed to the concerned SBB for administrative charges. 2. When approval is granted by the SBB, the SBB may retain a share not exceeding 5.0% of accrued benefits as administrative charges. 3. The remaining amount is to be passed directly to identified benefit claimers or through the concerned BMC where benefit claimers are identified. 4. If benefit claimers are not identified, the amount may be used to support conservation and sustainable use of biological resources and to promote livelihoods of local people from where the resources are accessed. Which of the statements given above are correct?

7Consider the following statements about section 3 of the Biological Diversity Act, 2002: 1. A person who is not a citizen of India needs previous approval of the National Biodiversity Authority for covered access. 2. Every resident Indian citizen needs section 3 approval for all research on any Indian biological resource. 3. Section 3 covers access for research, commercial utilisation, bio-survey and bio-utilisation. 4. A body corporate not incorporated or registered in India is within the category requiring approval under section 3. Which of the statements given above are correct?

8Consider the following statements about Biodiversity Management Committees under the Biological Diversity Act, 2002: 1. Every local body at the Gram Panchayat level in rural areas and at the specified urban levels must constitute a Biodiversity Management Committee. 2. Their purpose includes conservation, sustainable use and documentation of biological diversity. 3. The number of members of a Biodiversity Management Committee shall not be less than seven and not exceed eleven. 4. The National Biodiversity Authority and State Biodiversity Boards need not consult Biodiversity Management Committees for decisions on use of local biological resources. Which of the statements given above are correct?

9Consider the following statements about Biodiversity Management Committees under the Biological Diversity Act: 1. Every local body at the Gram Panchayat level in rural areas and specified urban local bodies must constitute a Biodiversity Management Committee. 2. The number of members of such a committee shall be less than seven. 3. The National Biodiversity Authority and State Biodiversity Boards must consult Biodiversity Management Committees while taking decisions relating to the use of biological resources or associated traditional knowledge within their jurisdiction. Which of the statements given above are correct?

10Consider the following statements about benefit-sharing instruments in a biodiversity project: 1. Access and Benefit Sharing arrangements were listed as a financing mechanism linking conservation stewardship with livelihoods. 2. Corporate responsibility co-financing and green micro-enterprises were also listed as financing mechanisms. 3. The cited project design identified a carbon border tax as the specific financing mechanism for local livelihoods. Which of the statements given above are correct?

11Consider the following statements about forms of benefit sharing under India's Biological Diversity Act framework: 1. Joint ownership of intellectual property rights can be a form of benefit sharing. 2. Technology transfer is excluded from the statutory forms of benefit sharing. 3. A venture capital fund for aiding benefit claimers can be used as a benefit-sharing form. Which of the statements given above are correct?

12Consider the following statements about traditional knowledge under the Nagoya Protocol: 1. Traditional knowledge associated with genetic resources held by indigenous and local communities is to be accessed with their prior and informed consent or approval and involvement. 2. The Protocol does not address benefit sharing from the use of traditional knowledge associated with genetic resources. 3. Article 7 removes the role of mutually agreed terms for access to such traditional knowledge. Which of the statements given above are correct?

13Consider the following statements about tools and mechanisms under the Nagoya Protocol: 1. National focal points and competent national authorities serve as contact points for information, access or compliance cooperation. 2. The Access and Benefit-sharing Clearing-House is meant to share information such as domestic regulatory ABS requirements and information on focal points and competent national authorities. 3. The Protocol’s financial mechanism is the World Trade Organization. Which of the statements given above are correct?

14Consider the following statements about contractual clauses and dispute settlement under the Nagoya Protocol: 1. Article 18 requires Parties to encourage providers and users of genetic resources to include dispute-resolution provisions in mutually agreed terms. 2. Such provisions may include the jurisdiction to which the parties will subject any dispute-resolution processes. 3. Such provisions may include the applicable law and options for alternative dispute resolution such as mediation or arbitration. 4. Article 18 itself fixes one universal forum and one universal applicable law for all ABS disputes. Which of the statements given above are correct?

15Consider the following statements about monitoring and certificates under Article 17 of the Nagoya Protocol: 1. Designated checkpoints are relevant only at the commercialization stage of genetic-resource use. 2. A permit or its equivalent made available to the Access and Benefit-sharing Clearing-House constitutes an internationally recognized certificate of compliance. 3. An internationally recognized certificate of compliance serves as evidence that access occurred without prior informed consent and without mutually agreed terms. Which of the statements given above are correct?