FAQ's

As per Section 2(c) of the BD Act, the biological resources include plants, animals, micro-organisms or parts of their genetic material and derivatives (excluding value added products) with actual or potential use or value for humanity, but does not include human genetic material.

ABS mechanism has been evolved under the CBD and Nagoya Protocol to ensure that the users of biological resources share a portion of their gains/profits with the conservers of these resources which serves as an incentive for them to continue their efforts in conserving, preserving and maintaining the biological diversity and TK associated thereto. This works on the principle of equity which contributes to the conservation and sustainable use of the components of biological resources.

In compliance with our obligations under CBD, the Biological Diversity Act was enacted with the core objectives to conserve the biological resources, ensure sustainable use of its components, and promote the fair and equitable sharing of benefits arising from the utilisation of such biological resources and or associated knowledge

The variety of life and lifeforms referred to as “biodiversity” is the source of support, sustenance and succour to all the lifeforms, including humans, on earth. Rapid loss of biological diversity and its unfair commercial application, owing to a host of reasons - unplanned development, over exploitation, unscientific use and commercial application, piracy from host nation and communities of people etc., all over the world, became a matter of grave concern of humanity. To arrest such a trend and to take measures for its conservation, its sustainable and fair use, a new international legal arrangement was crafted. CBD is the outcome of such a deliberation and the first major international legal arrangement, under the United Nations. Ratified by 196 Countries, it promotes the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of benefits arising from the utilisation of genetic resources. The Convention was opened for signature on 5 June 1992 at the United Nations Conference on Environment and Development (the Rio “Earth Summit”). It remained open for signature until 4 June 1993, by which time it had received 168 signatures. The Convention entered into force on 29 December 1993, which was 90 days after the 30th ratification.

Yes. As a signatory to the CBD, India has enacted BD Act, 2002, to conserve biological resources and associated TK of the tribal people and local communities. The BD Act mandates the establishment of BMCs, at the local level, which documents biological diversity and associated TK through the preparation of People’s Biodiversity Registers (PBRs).

The Act also regulates access to biological resources and associated TK. Access for research or commercial utilisation requires prior informed consent (PIC) of the concerned communities, obtained through the relevant BMCs as provided under Section 41 of the Act. Furthermore, the Act ensures fair and equitable sharing of benefits arising out of the use of biological resources and associated TK with the concerned tribal/ local communities or the original knowledge holders. These provisions empower local communities and help safeguard their TK.

The CBD reaffirms the sovereign rights of the Parties (i.e., member countries) over their biological resources. It encourages countries to facilitate appropriate access to genetic resources by other Parties, subject to their national legislations.

While encouraging access to genetic resources by other Parties, the CBD makes it clear that such access is subject to prior informed consent (PIC) and mutually agreed terms (MAT), as determined by the provider country (country providing the genetic resource(s) and associated traditional knowledge).

Additionally, the CBD promotes the fair and equitable sharing of benefits arising from the utilization of genetic resources, including benefits derived from associated traditional knowledge (TK), innovations, and practices of indigenous and local communities. CBD provides the legal framework for the member countries to evolve their own legislations, with institutions of enforcement for achieving its goals that would include, regulation of access, determination of the terms for benefit sharing, and ensuring fairness and equity in sharing of benefits arising from the commercial application of biodiversity.

Yes, bio-survey and bio-utilization are regulated activities under the provisions of the BD Act. Hence, prior approval from the NBA is mandatory for individuals/ entities who fall under Section 3(2) of the BD Act.

Section 38 of the BD Act provides for notifying threatened species by the Central Government, in consultation with the State Governments, which are on the verge of extinction or likely to become extinct in near future and may prohibit or regulate their collection for any purpose and take appropriate steps to rehabilitate and preserve those species.

As per the recent amendments, the Central Government may delegate the power to notify the threatened species to the State Government, and in such a case, the State Government shall consult the NBA before issuing any such notification.

Any individual or entity seeking a patent or any other IPR involving biological resources or associated TK from within or outside India must approach the NBA. The applicant must submit the necessary application to the NBA before the grant of patent.

Yes, as per Section 23 (b) and (ba) of the Act, the SBBs/UTBCs are empowered to regulate activity of access to biological resources or its associated TK by Section 7 person entities for commercial utilisation by granting or rejecting approval. While granting approval, SBB/UTBCs shall determine the benefit sharing component payable by the applicant as per the provisions of the BD (ABS) Regulations, 2025 issued by the NBA.

• If the biological resources used by the company in India do not contain any Indian germplasm* (biological resource) in their development or multiplication or production or research, then it will not come within the ambit of the BD Act.
• If the biological resources handled, researched, developed, multiplied, produced, etc., contain any strain of an Indian germplasm (biological resource), then prior approval of the NBA is required under Section 3 of the Act, for the Section 3(2) entities.

• The Section 7 entities have to give prior intimation (approvals) to the concerned SBB for undertaking the above-mentioned activities.
   

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_{* Indian germplasm is any genetic material that originated in Indian territory or has been introduced and/or adapted to Indian agro-ecologies where they have developed distinctive properties}

No. If germplasms are accessed from international institutions under the Standard Material Transfer Agreements (SMTAs) in compliance with the provisions of the ITPGRFA, then such access is exempted from the provisions of Sections 3 and 4 of the BD Act as per the MoEFCC notification no S.O. 3232(E)., dated 17.12.2014. However, such germplasm/accession belonging to the crop has to be notified by the Department of Agriculture and Cooperation, Government of India, from amongst the crops listed in Annex-1 of the ITPGRFA.

No. Access to biological resources that are associated with codified traditional knowledge is not exempted.

According to Section 21 of the Act, the determination of fair and equitable benefit sharing arising out of the utilisation of accessed biological resources, their derivatives, innovations and practices associated with their use and applications and knowledge relating thereto, is done in accordance with the mutually agreed terms and conditions between the users and BMC represented by the NBA.

The monetary benefits shall be paid to the National Biodiversity Fund by the users. The NBA then distributes the benefit sharing components to the benefit claimers, which may include individuals, groups of individuals or organisations.

After merger or demerger in the company requires proper intimation to the NBA / SBB is required within 90 days from the completion of that event, from an authorized person of the company who obtained approval from the NBA/SBB. NBA shall decide whether this Agreement shall be amended or a fresh approval is required. The NBA’s decision in this regard shall be final.

Reporting a new species or genus is not a regulated activity under the provisions of the BD Act. However, prior intimation shall be provided to the designated repository in India.

Section 37 (1) of the Act provides that based on the recommendations of the SBB, the State Government may, from time to time, notify in the Official Gazette, areas of biodiversity importance as Biodiversity Heritage Sites under this Act. Further, the SBB shall consult the local body and BMC concerned before making such recommendations. The State Government, in consultation with the Central Government, may frame rules for the management and conservation of all the biodiversity heritage sites as per Section 37(2) of the Act.

No, permission is required for the biological resources notified as NTACs if they are utilized in IPR as per Section 40.

Digital Sequence Information (DSI) refers to data of genetic information from biological resources, including DNA, RNA, and protein sequences, and other related molecular data.

If the applicant is covered under Section 7 of the Act and the applicant intends to access the biological resources from more than one state, prior intimation to all such State Biodiversity Boards shall be given by the applicant for obtaining approval as required under Section 7 of the Act.

To facilitate the process, an online single window system is being developed by the NBA for facilitating the filing of ABS applications with SBB.

The total amount of the accrued benefits shall be shared with the Boards or Councils concerned, proportionately, on a case-by-case basis as per Regulation 11 of the ABS Regulations 2025.