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5. Certain provisions not to apply to certain collaborative research projects
(1) The provisions of section 3 shall not apply to collaborative research projects involving transfer or exchange of biological resource or traditional knowledge associated thereto between institutions, including Government sponsored institutions of India, and such institutions in other countries, if such collaborative research projects satisfy the conditions specified in sub-section (3).
(2) All collaborative research projects, other than those referred to in sub-section (1) which are based on agreements concluded before the commencement of this Act and in force shall, to the extent the provisions of agreement are inconsistent with the provisions of this Act or any guidelines issued under clause (a) of sub-section (3), be void.
(3) For the purposes of sub-section (1), collaborative research projects shall—
(a) conform to the policy guidelines issued by the Central Government in this behalf;
(b) be approved by the Central Government.
Note: The section heading and sub-section (1) were substituted by the Biological Diversity (Amendment) Act, 2023 (10 of 2023), with effect from 1 April 2024, to replace the earlier reference to sections 3 and 4.
