Biological Diversity (Access to Biological Resources and Knowledge Associated thereto and Fair and Equitable Sharing of Benefits) Regulations, 2025 Notified

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Rules have been notified by the National Biodiversity Authority (NBA) in accordance with the Biodiversity Act (BDA) 2002.

Rules aimed at guiding the sharing of benefits for the use of biological resources, including Digital Sequence Information (DSI) or associated knowledge.
These rules have replaced the 2014 rules.

Key Highlights of Rules

Prior Informed Consent (PIC): Person/industry intending to access biological resources shall give prior intimation to the NBA for approval.
- This shall not apply in case of access to cultivated medicinal plants notified under BDA 2002.
Quantum of Benefit Sharing: Rules delineate slabs based on annual turnover of person/industry. (see table)
- All users with annual turnover of over 1 crore need to share a statement with information on the resources used per year.
- For biological resources having high conservation or economic value, the benefit sharing shall not be less than 5% of the proceeds of the auction or sale amount or the purchase price and could be more than 20% in case of commercial use.
  - E.g. red sanders, agarwood, etc.
Commercialisation of Intellectual Property Rights: Applicant shall pay to the NBA such monetary benefit or share non-monetary benefit as agreed.

ABS refers to the way in which genetic resources may be accessed, and how the benefits that result from their use are shared between the people/countries using the resources (users) and those that provide them (providers).
Framework: Covered under the Convention on Biological Diversity (CBD).

Bonn Guidelines and Nagoya Protocol (2010) deal with the ABS.
- Multilateral Mechanism for the use of DSI adopted at CBD COP16 (2024).