The NBA has announced the Biological Diversity (Access to Biological Resources and Associated Knowledge and Fair and Equitable Sharing of Benefits) Regulation, 2025

What does Access and Benefit Sharing (ABS) refer to?

ABS denotes the system that ensures fair and equitable sharing of advantages derived from biological resources and related traditional knowledge with the communities that have preserved these resources. It is a fundamental concept outlined in the Convention on Biological Diversity (CBD).

India implements ABS via the Biological Diversity Act of 2002 and its latest revision, the Biological Diversity (Amendment) Act, 2023.

Main Aspects of the 2025 Regulation

Revenue-Driven Profit Allocation:

• Under ₹5 crore: Not required to share benefits.
• ₹5 crore–₹50 crore: 0.2% of yearly gross ex-factory sales price (taxes not included).
• ₹50 crore–₹250 crore: 0.4% of yearly revenue.
• Over ₹250 crore: 0.6% of yearly revenue.

Organizations with a revenue exceeding ₹1 crore are required to submit yearly reports on their resource consumption.

Inclusion of Digital Sequence Information (DSI): DSI is now viewed as a component of genetic resources, addressing previous gaps that only encompassed tangible materials. It corresponds with the results from COP16 of the Convention on Biological Diversity in Cali, Colombia.

Cultivated medicinal plants are excluded, as long as they are announced by the Ministry of Environment in consultation with the AYUSH Ministry.

Valuable Resources: For resources that are of significant conservation or economic importance (such as red sanders, sandalwood, agarwood, and endangered species), at least 5% of the earnings from auctions or sales must be distributed.

This may reach as high as 20% in the event of commercial use.

Intellectual Property Rights (IPR): Those applying for IPR related to biodiversity are required to reveal the use of biological resources and distribute benefits appropriately.

Benefits Distribution: 10–15% kept by the National Biodiversity Authority. Benefits will continue to be allocated to local communities and claimants via Biodiversity Management Committees (BMCs).

Importance of the New Regulation

• Closes regulatory loopholes: It incorporates DSI that was earlier omitted from the 2014 guidelines.
• Clarity: Transparent regulations enhance reliability for sectors such as pharmaceuticals, cosmetics, and biotechnology.
• Promotes cultivation: Favors the growth of medicinal plants instead of their extraction from wild sources.