Biodiversity Benefit Sharing Regulations 2025
Kartavya Desk Staff
Source: DTE
Context: The National Biodiversity Authority has notified the Biodiversity Benefit Sharing Regulations 2025, introducing new rules to regulate equitable benefit sharing from the use of India’s biological resources, including digital sequence information.
About Biodiversity Benefit Sharing Regulations 2025:
• These are updated rules under the Biological Diversity Act, aimed at ensuring that users—especially industries—share a part of their economic benefits with local communities and biodiversity conservers. This aligns India with global Access and Benefit Sharing (ABS)
• This aligns India with global Access and Benefit Sharing (ABS)
Key Provisions
• Turnover-Based Slabs for Benefit Sharing: ₹0–5 crore: No sharing ₹5–50 crore: 0.2% of ex-factory turnover ₹50–250 crore: 0.4% Above ₹250 crore: 0.6%
• ₹0–5 crore: No sharing
• ₹5–50 crore: 0.2% of ex-factory turnover
• ₹50–250 crore: 0.4%
• Above ₹250 crore: 0.6%
• Mandatory Reporting: Firms with turnover over ₹1 crore must disclose annual biodiversity usage.
• Firms with turnover over ₹1 crore must disclose annual biodiversity usage.
• Cultivated Plant Exemption: Medicinal plant cultivators exempted from sharing benefits—aligns with Biological Diversity (Amendment) Act 2023.
• Medicinal plant cultivators exempted from sharing benefits—aligns with Biological Diversity (Amendment) Act 2023.
• High-Value Species Clause: For species like red sanders, sandalwood, agarwood, minimum benefit sharing is 5%, extendable to 20% or more.
• For species like red sanders, sandalwood, agarwood, minimum benefit sharing is 5%, extendable to 20% or more.
• Digital Sequence Information (DSI): Now covered under the benefit-sharing regime—critical update from the 2014 guidelines.
• Now covered under the benefit-sharing regime—critical update from the 2014 guidelines.
• IPR and Research Use: Researchers and IPR applicants must comply with benefit-sharing norms.
• Researchers and IPR applicants must comply with benefit-sharing norms.
• Revenue Utilization: 10–15% retained by National Biodiversity Authority (NBA); remainder to benefit claimant communities.
• 10–15% retained by National Biodiversity Authority (NBA); remainder to benefit claimant communities.
Global Context: COP16 & Multilateral Sharing
• At COP16 of the Convention on Biological Diversity (CBD) in Cali, Colombia (2024), member countries adopted a mechanism for sharing DSI-related benefits multilaterally.
• Industries like pharma, cosmetics, agriculture, and biotech were asked to equitably compensate indigenous communities and biodiversity custodians.
About National Biodiversity Authority (NBA):
• The National Biodiversity Authority is a statutory body constituted in 2003 to implement the provisions of the Biological Diversity Act, 2002, and ensure equitable benefit sharing from the use of India’s biological resources.
• Headquarter: Chennai
Organizational structure:
• Chairperson (nominated by Central Government) Must have knowledge or experience in biodiversity conservation, sustainable use of biological resources, or equitable benefit sharing
• Must have knowledge or experience in biodiversity conservation, sustainable use of biological resources, or equitable benefit sharing
• Ex-officio members: Representatives from Ministries of Environment, Agriculture, Science & Technology, AYUSH, Tribal Affairs, etc.
• Expert members from fields like ecology, biotechnology, and law
Key Functions and Powers
• Regulatory Role: Grant approvals for access to biological resources and associated traditional knowledge by foreign nationals, companies, and NRIs Regulate transfer of research results on Indian biodiversity to non-Indian entities
• Regulate transfer of research results on Indian biodiversity to non-Indian entities
• Benefit Sharing Mechanism: Ensure fair and equitable sharing of benefits with local communities and knowledge holders
• Advisory Role: Advise the Central Government on biodiversity conservation, sustainable use, and policy matters
• Oversight of State Biodiversity Boards (SBBs): Coordinate and oversee the functioning of SBBs and Biodiversity Management Committees (BMCs)
• Promotion of Conservation: Support documentation, preservation, and promotion of biological heritage and associated traditional knowledge
• Compliance with International Conventions: Ensure national alignment with protocols like the Nagoya Protocol under the Convention on Biological Diversity (CBD).