Biodiversity Practice
Need For Compliance with Biodiversity Laws
The Biological Diversity Act (BDA), 2002, along with the Amended Act of 2023, the Rules of 2024, and the Regulations of 2025, together safeguard India’s biological resources and regulate their use. The BDA requires seeking prior approval and/or registration from the National Biodiversity Authority (NBA)/State Biodiversity Boards (SBBs) for using the biological resources. While the focus of the BDA is on Indian biological resources, it also applies to biological resources obtained from abroad and used in India. As research, commercialization and/or intellectual property generation in the fields of Life Sciences, Pharmaceuticals and Chemicals often requires access and use of plants, animals, microbes and other biological resources including their derivatives and byproducts, K&S Partners acts as a one-stop solution for dealing with all aspects of the BDA. Our globally acclaimed attorneys and specialists offer strategic legal advice and comprehensive support in meeting the requirements set out by the BDA.
Services Offered in Biodiversity Practice
Expert Opinions
On intimation/permission/approval regarding access and use of biological resources (Indian or Foreign origin).
Form Preparation & Filing
Foreign Entity: Approval to access biological resources for Research (Form 1) and Commercial Utilization (Form 2). Approval to transfer research results to other foreign entities (Forms 3 to 6). Approval concerning patents involving biological resources (Form 7). Declaration for use of foreign biological resources in India (Form 10). Indian Entity: Intimation to SBBs for commercialization activities (Form B). Approval to transfer research results to foreign entity (Form 3). Registration concerning patents involving biological resources (Form 8), followed by approval for commercialization activities (Form 9). Declaration for use of foreign biological resources in India (Form 10).
Enquiries & Information
Addressing post-filing queries and enquiries from the authorities.
Access & Benefit Sharing (ABS), Hearings & Reports
Assisting with execution and compliance of ABS agreements (including preparation of annual reports), discussions and negotiations around the benefit sharing component, and hearings at the NBA’s Expert Committee on ABS.
Appeals
Filing appeals before the National Green Tribunal (NGT) against NBA/SBB orders or execution and compliance of ABS agreements.
Training Sessions
Conducting regular sessions for clients on provisions and compliance of the BDA.
Awareness Programs
Facilitating awareness programs along with the SBBs (wherever needed) for clients to comply with obligations under the ABS agreements.
Biodiversity Practice Attorneys
Ravi Bhola
Managing Partner
Dr. Goutam Bhattacharyya
Partner | Member of Management Committee
Dr. Deepa K Tiku
Partner
Durgesh Mukharya
Partner
Dr. Kavita Arora
Partner
Thought Leadership on Biodiversity Law
AWARDS & RECOGNITIONS
MEMBERSHIPS
Frequently Asked Questions
Approval is required when accessing Indian biological resources for research, commercial use, or when seeking IP rights involving such resources, as mandated by the Biological Diversity Act.
The amendment allows Indian applicants to seek NBA approval at the commercialization stage instead of during the IP filing process. It also narrows the scope of what qualifies as a bioresource.
The firm supports clients with legal and regulatory guidance for the access and use of biological resources from India, ensuring full compliance with the Biological Diversity Act, 2002 along with the Amended Act of 2023, and coordination with relevant authorities such as the NBA and SBBs, as needed.
Yes. K&S team routinely assists in obtaining approval for trading or exporting biological resources/materials outside India, including navigating NBA processes and SBB permissions.
Yes, the team has significant experience drafting and negotiating ABS agreements, in line with the requirements of the Biological Diversity Act, 2002, along with the Amended Act of 2023, and the NBA. Additionally, the team also advises on structuring ABS to align with business and legal needs.
For commercial use of Indian biological resources, clients need to secure prior approvals. This includes preparing documentation, liaising with regulators, and ensuring NBA and/or SBB compliance.
The correct statutory authority is the National Biodiversity Authority (NBA), established under the Biological Diversity Act, 2002, along with the Amended Act of 2023. The term “National Biodiversity Board” is sometimes incorrectly used in place of NBA, but both refer to the same regulatory body.
Bioresources valuation assesses the legal and commercial value of biological materials such as plants, microbes, and derivatives used in innovation. It ensures compliance with the Biological Diversity Act, 2002 and supports IP filings, licensing, and benefit-sharing arrangements.
K&S Partners provides legal advisory on access and benefit sharing, assists with NBA/SBB approvals, supports IP strategy involving bioresources, and ensures end-to-end compliance with biodiversity laws.
K&S Partners is a recognized firm working on compliances under the Biological Diversity Act, 2002 along with the Amended Act of 2023, the Rules of 2024 and the Regulations of 2025, advising Indian and international clients on regulatory compliance, approval processes, and legal risks associated with the use of biological resources from India.
K&S Partners is a trusted firm dealing with the National Biodiversity Authority (NBA) and offers well-researched legal opinions on approvals, obligations, and interpretations under the NBA framework.
K&S has experience in representing clients before the NGT on disputes or challenges related to biological resources, benefit-sharing, or non-compliance with biodiversity regulations.
An expert on the Biological Diversity Act, 2002, along with the Amended Act of 2023 can help ensure that the research, development, or commercial use of Indian biological resources is legally sound, ethically responsible, and compliant with all regulatory frameworks, including ABS obligations and export controls.