Access and Benefit Sharing Regulations 2025: A Comprehensive Review

The Access and Benefit Sharing Regulations 2025 aims to promote the fair and equitable sharing of benefits arising from the utilization of biological resources and associated traditional knowledge. It was recently published by the Ministry of Environment, Forest and Climate Change (MoEFCC) in February 2021 and has received considerable attention from stakeholders and the legal community.

Background

The Biological Diversity Act, 2002 (BDA) was enacted with the objective of conserving and utilizing biological resources in a sustainable manner and promoting fair and equitable sharing of benefits arising from their use. The BDA was amended in 2011 to include specific provisions on Access and Benefit Sharing (ABS) and India also ratified the Nagoya Protocol on ABS. The MoEFCC is designated as the National Focal Point for implementing the ABS regime.

Key Features of the Regulations

The Access and Benefit Sharing Regulations, 2025 (the Regulations) lay down the process and procedure for seeking approval for accessing biological resources for commercial or non-commercial research and development. Some of the key features of the Regulations are as follows:

Categories of Access

Under the Regulations, there are two categories of access – general access and restricted access. General access refers to access for research and development purposes, and restricted access refers to access for commercial utilization.

Requirement of Prior Permission

Any person seeking access to biological resources for commercial or non-commercial research and development purposes is required to obtain prior permission from the concerned State Biodiversity Board (SBB) where the biological resources are located. An exception is provided for access to agricultural crops, livestock, poultry, and aquatic resources.

Access Agreement

The Regulations provide for the execution of an Access and Benefit Sharing Agreement (ABSA) between the applicant and the SBB before obtaining access to biological resources. The ABSA must clearly mention the objectives of access, scope of utilization, and the terms and conditions for fair and equitable sharing of benefits.

The Regulations emphasize the importance of fair and equitable sharing of benefits arising from the utilization of biological resources and traditional knowledge associated with it. The ABSA must provide for monetary and non-monetary benefits, including royalties, joint research and development, and technology transfer, among others.

Grievance Redressal Mechanism

A Grievance Redressal Cell has been established at the National Biodiversity Authority (NBA) to address any grievances related to access and benefit sharing. An appeal mechanism is also provided at the NBA and National Green Tribunal (NGT) for redressal of grievances.

Reporting and Monitoring

The Regulations mandate the submission of regular reports by the applicant to the concerned SBB and NBA on the progress of utilization of biological resources and sharing of benefits. The NBA will also conduct periodic monitoring of the ABS agreements to ensure compliance with the provisions of the Regulations.

Penalties for Non-Compliance

The Regulations provide for stringent penalties for non-compliance, including imprisonment and fines. The NBA has the power to cancel an ABS agreement if there is a violation of any of its provisions.

Issues and Challenges

While the Regulations have been welcomed by stakeholders, there are some concerns that need to be addressed. The lack of clarity on the definition of ‘commercial utilization’ has raised questions on its scope. This can potentially lead to ambiguity and disputes in the future. Moreover, the definition of ‘benefits’ is also limited and only includes monetary and non-monetary benefits, excluding indirect benefits.

Another issue is the requirement of prior permission for accessing biological resources for non-commercial research. This may deter scientific research and innovation, especially for small and medium enterprises. Additionally, the requirement of seeking permission from each SBB may also lead to delays and bureaucratic hurdles.

Conclusion

The Access and Benefit Sharing Regulations 2025 is a step towards promoting the conservation and sustainable utilization of biological resources in India. It aims to strike a balance between the rights of the users and the rights of the providers of the resources and traditional knowledge. While the Regulations have some shortcomings that need to be addressed, it is a comprehensive framework that can pave the way for the fair and equitable sharing of benefits. It is crucial for stakeholders to be aware of the provisions of the Regulations and ensure compliance to avoid any legal implications.