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In December 2012, final Guidelines for the Processing of Patent Applications Relating to Traditional Knowledge and Biological Materials were released based on a draft version issued for comments a month earlier. Section 3(p) of the Patents Act states that "an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components" is not an invention and hence, not patentable. Further with respect to biological materials, Section 6(1) of the Biological Diversity Act 2002 provides that "no person shall apply for any intellectual property right, by whatever name called, in or outside India for any invention based on any research or information on a biological resource obtained from India without obtaining the previous approval of National Biodiversity Authority before making such application; provided that, if a person applies for a patent, permission of the National Biodiversity Authority may be obtained after the acceptance of the patent but before the sealing of the patent…" The Biological Diversity Act 2002 provides that "whoever contravenes or attempts to contravene or abets the contravention of the provisions of the Section 3 or Section 4 or Section 6 shall be punishable. Nondisclosure or false submission of the source or geographical origin of biological material used for an invention in the complete specification forms a ground for pre- and post-grant opposition under Clause (j) of Sections 25(1) and 25(2), respectively, of the Patents Act that could lead to revocation of the patent. The Guidelines state that exemption to medicinal plants from the provisions of the Biological Diversity Act, 2002 given by the notification issued by the Ministry of Environment and Forests Notification dated 26 October 2009 is available only if they are traded as commodities and the provisions are applicable if the biological resources are used as ingredients for medicine.

In the context of intellectual property and climate change, a subject under discussion in the TRIPS Council since March 2013, India's National Manufacturing Policy of 2012 states in paragraphs 4.4.1 to 4.4.3 that: on occasion, a company may be unable to access the latest patented green technology, which can substantially reduce its carbon footprint, because of its inability to obtain a voluntary licence from the patent holder. This could arise for two reasons. First, the cost of obtaining such voluntary licence could be a barrier for the company. Second, the patent holder could be unwilling to part with the licence, or it is not available at reasonable rates or it is not being worked in India (section 4.4.1); to address the first issue, the Technology Acquisition and Development Fund (TADF) will also function as an autonomous patent pool and licensing agency. It will purchase IP rights to inventions from patent holders. Any company that wants to use the IP to produce or develop products can seek a licence from the pool against the payment of royalties. This company may then produce the product for use in specified geographical areas subject to meeting agreed quality standards. The TADF would reserve the right to license more than one company for a particular patent (section 4.4.2); and to address the second issue, the Fund will have the option to approach the Government for issue of a compulsory licence for the technology which is not being provided by the patent holder at reasonable rates or is not being worked in India to meet the domestic demand in a satisfactory manner. Such compulsory licences will be issued only within the provisions of TRIPS. Reasonable royalty will be paid to the patent holder (section 4.4.3).

The Protection of Plant Varieties and Farmers' Rights Act provides that a farmer means any person who (i) cultivates crops by cultivating the land himself; or (ii) cultivates crops by directly supervising the cultivation of land through any other person; or (iii) conserves and preserves, severally or jointly, with any person any wild species or traditional varieties; or (iv) adds value to such wild species or traditional varieties through selection and identification of their useful properties. (...)

(…) India's current agricultural policy is outlined in the 12th Five-Year Plan (2012-17), which aims, inter alia, to improve agri-investment, income product and productivity, promotion and extension of modern technologies, and resource-use efficiency for sustainable agriculture. (...)

(…) Since India's previous Review, in order to achieve the objectives of the 12th Five-Year Plan, the Department of Agriculture (DAC) has reviewed its 51 existing schemes with a view to restructuring them into 11 missions/schemes from 1 April 2014 onwards in order to: (i) promote investment in agriculture and related sectors; (ii) improve income and productivity; and (iii) ensure extension of modern technologies and resource-use efficiency for sustainable agriculture (Table 4.2). (...)

Table 4.2 Agriculture sector schemes/programmes, 2014
- Programme/scheme: National Mission for Sustainable Agriculture (NMSA)
- Budget allocation: Rs 16.84 billion
- Purpose: Seeks to address issues of "sustainable agriculture" in the context of climate change by devising appropriate strategies for ensuring food security, enhancing livelihood opportunities, and contributing to economic stability at national level. Aims at enhancing agricultural productivity in rain-fed areas focusing on integrated farming, water use efficiency, soil health management and synergizing resource conservation

- Programme/scheme: Modified National Agriculture Insurance Scheme (MNAIS)
- Budget allocation: Rs 28.23 billion
- Purpose: Aims at providing relief to the farmers from crop failure due to natural disasters, pests and diseases

(…) An ambitious Soil Health Card Scheme has been launched to improve soil fertility on a sustainable basis.

India continues to subsidize indigenous and imported (urea) fertilizers through price controls, which remain unchanged since its previous Review. This policy has resulted in an excessive use of chemical fertilizers that has resulted in severe depletion of micronutrients and degradation of soil in many parts of the country. India's farmers also benefit from: input support for irrigation water, electricity, diesel, and seeds; and programmes to supply quality seeds at "affordable prices".

At the central level, the Ministry of Power is responsible for the administration of the Electricity Act 2003 as well as issues related to the Central Electricity Regulatory Commission (CERC) and rural electricity schemes. (…) Other related Ministries include the Ministry of Coal, the Ministry of Petroleum and Natural Gas, and the Ministry of New and Renewable Energy.

(…) Certain fiscal benefits, in the form of duty concessions and tax holidays, are provided. [35] (…)

[35] For example, under the Mega Power Policy, large generation projects can obtain capital import-duty concessions, and/or the waiver of local levies to reduce costs. All inter-state projects with a capacity of 1,000 MW and above for thermal projects, and 500 MW and above for hydro projects, are treated as mega power projects.