Biodiversity Valuation Practice
Bioresources Valuation
Commercial use, research and IP generation involving biological materials often require a clear understanding of the regulatory and commercial value associated with these resources. The valuation of bioresources plays a key role in aligning access, use, and benefit-sharing with the Biological Diversity Act of 2002 provisions. It helps establish the economic worth of biological inputs and guides negotiations, licensing, and structuring of benefit-sharing obligations, especially where patentable subject matter is involved. K&S Partners assists clients in assessing the legal and commercial implications of bioresource use across innovation-driven sectors. Our team supports valuation efforts as part of due diligence, transactional structuring, and regulatory compliance under the BDA. We work closely with clients to ensure that all aspects of value realization including through patents, technology transfers or ABS agreements are backed by a legally sound and strategically aligned approach.
Services Offered in Bioresources Valuation
Advisory Services
Expert opinions on intimation/ permission/approval regarding access and use of Indian biological resources.
Form Preparation & Filing
Approval to access biological resources for Research and Commercial Utilization (Form-I). Registration and Form-III (if required) with respect to patents involving biological resources. Approval to transfer research results to foreign entities and third parties (Form-II & Form-IV). Intimation to SBBs for commercialization activities and necessary approvals, if any.
Enquiries & Information
Addressing post-filing queries and enquiries from the authorities.
Representations
Seeking no objection certificates/waivers for materials not falling under the ambit of the BDA or where biological resources are used only for validation or experimental purposes.
Access & Benefit Sharing (ABS), Hearings & Reports
Assisting with execution and compliance of ABS agreements, discussions and negotiations around the benefit sharing component, and hearings at the NBA’s Expert Committee on ABS.
Bioresources Valuation Attorneys
Ravi Bhola
Managing Partner
Dr. Goutam Bhattacharyya
Partner | Member of Management Committee
Dr. Deepa K Tiku
Partner
Amrish Tiwari
Partner
Durgesh Mukharya
Partner
AWARDS & RECOGNITIONS
MEMBERSHIPS
Frequently Asked Questions
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.
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.
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.