Benefit Sharing Rules for Biological Resources

On 29th April 2025, the National Biodiversity Authority released new regulations guiding the fair and equitable sharing of benefits arising from the use of biological resources, including digital sequence information.

Key Points

Regulation Overview: The Biological Diversity (Access to biological Resources and Knowledge Associated thereto and Fair and Equitable Sharing of Benefits) Regulation 2025 replaces the 2014 guidelines and now includes digital sequence information.
Turnover-Based Slabs:
- No benefit sharing for annual turnover up to Rs. 5 crore.
- 0.2% sharing for Rs. 5–50 crore turnover.
- 0.4% for Rs. 50–250 crore, and 0.6% for above Rs. 250 crore.
Exemptions: Users of cultivated medicinal plants are exempt—aligning with the Biological Diversity (Amendment) Act 2023.
High-Value Resources: For species like red sanders and sandalwood, benefit sharing ranges from 5% to over 20% of proceeds, especially in commercial use
IP and Research Clauses: Researchers and IPR applicants must comply with new benefit-sharing obligations; 10–15% of collected benefits will be retained by the Authority.
Global Alignment: Echoes the multilateral benefit-sharing mechanism adopted at COP16 in Cali, Colombia, particularly for digital sequence data used in industries like pharma and biotech.