The Ministry of Environment, Forest and Climate Change (“MoEFCC”) has issued the Biological Diversity Rules, 2024 (“2024 Rules”) in supersession of the Biological Diversity Rules, 2004 (“erstwhile Rules”). These rules will come into force on the expiry of sixty days from the date of notification in the Official Gazette i.e. 24^th December, 2025.

The Key Changes introduced by the 2024 Rules include a new online portal for submission of applications to the National Biodiversity Authority (“Authority”), submitting an online application for accessing biological resources for bio-survey and bio-utilisation and a declaration to claim exemption for accessing cultivated medicinal plants among other changes as enumerated below.

Key Highlights:

• Now the application for accessing biological resources and associated knowledge for commercial utilisation will be required to be submitted on the web portal of the Authority.
• Now a person seeking access to biological resources and knowledge associated thereto for research or for bio-survey and bio-utilisation will also be required to make an application on the web portal of the Authority.
• The requirement of submitting an application to the Authority for transferring results of research relating to biological resources obtained from India for monetary consideration to foreign nationals, companies and Non-Resident Indians (NRIs) has been revised. Now the applications shall be made in the following form based on category:

1. 1. Form 3 for sharing or transferring the results of research to persons for commercial purposes or otherwise,
   2. Form 4 for registration by the transferee to use the results of research for further research,
   3. Form 5 for using the results of research for commercial utilisation by the transferee and
   4. Form 6 for using the results of research for obtaining intellectual property rights by the transferee.

• The procedure for seeking prior approval before applying for intellectual property protection has been revised and divided into 3 categories:

1. 1. Procedure for seeking prior approval before grant of intellectual property rights by any person,
   2. Procedure for registration before obtaining intellectual property rights by any person and
   3. Procedure for obtaining prior approval of the Authority for commercialisation of the intellectual property rights by any person.

• Measures have been introduced for monitoring and regulating the use of biological resource or associated traditional knowledge obtained from any foreign country in India.
• A new requirement for obtaining a declaration to claim exemption for accessing cultivated medicinal plants has been introduced.

Source: Ministry of Environment, Forest and Climate Change

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