Fresh Biodiversity Benefit-Sharing Rules: Equity, Ecosystem Protection, and Digital Sequence Governance

India’s biodiversity has always been at the centre of ecological sustainability and innovation in medicine, biotechnology, and agriculture. Recognizing its value, the National Biodiversity Authority (NBA) has notified the 2025 Access and Benefit-Sharing (ABS) Regulations, updating the legal framework to reflect new challenges in the age of biotechnology and digital genetics.

Key Features of the 2025 Rules

The revised rules introduce:

• Turnover-linked benefit-sharing: Companies must share between 0.2% and 0.6% of annual turnover, scaled by business size.

• Higher shares for high-value species: Up to 20% for resources like sandalwood and agarwood.

• Digital Sequence Information (DSI) inclusion: For the first time, digital genetic data is brought within the scope of benefit-sharing, addressing concerns of biopiracy in synthetic biology.
  
  

Legal Evolution

These reforms follow the Biological Diversity (Amendment) Act, 2023, which decriminalized offences, streamlined approvals, and encouraged collaboration between researchers, industries, and communities. Legal experts view the 2025 rules as an attempt to strike a balance between conservation and economic growth.

Concerns and Challenges

However, the framework is not free from criticism.

• Risk of exploitation: Exemptions for AYUSH and easier clearances may weaken safeguards against misappropriation of traditional knowledge.

• Equity concerns: Turnover-based sharing may undervalue contributions of indigenous communities.

• DSI enforcement gaps: Though inclusion is progressive, ensuring traceability of digital data remains a challenge.
  
  

The 2025 ABS Regulations represent a forward-looking effort to align biodiversity law with contemporary realities. By addressing both physical resources and digital genetic information, India has taken a step toward safeguarding biodiversity in the era of biotechnology. Yet, the success of these rules will depend on robust enforcement and the genuine participation of local communities. Striking the right balance between innovation, equity, and ecosystem protection remains the central challenge for India’s biodiversity governance.

At the Presidency School of Law, where the study of law is closely linked with social responsibility, these new biodiversity regulations provide a timely opportunity for students and scholars to reimagine how law can safeguard ecosystems while promoting innovation. 

Written by,

Dr. Manindra Singh Hanspal

Assistant Professor, Presidency School of Law