Regulatory reforms under Biological Diversity (Amendment) Act, 2023 lead to surge in IPR filings

1. At a Glance

• Biological Diversity (Amendment) Act, 2023 revamps India's 2002 biodiversity law; National Biodiversity Authority (NBA) has reported a surge in IPR applications linked to Indian bioresources [1].
• Applicants under Section 7 must secure a Certificate of Registration (CoR) from NBA before filing for IPR (including patents) based on Indian biological resources [1][2].
• Relevant for UPSC GS-III (biodiversity/IPR/biotech) and GS-II (statutory bodies, legislative reform) — convergence of CBD/Nagoya obligations, ease-of-research, and Access & Benefit Sharing (ABS) [1].

2. Why in the News

• PIB release, 01 April 2026 (MoEFCC): NBA recorded a sharp uptick in IPR applications post-amendment — 1,077 IPR applications received and 885 CoRs issued between April 2025 – March 2026 [1].
• Applications span biotechnology, pharmaceuticals, chemicals, food sciences, biochemistry, agrochemicals, polymer technology, microbiology, biomedical engineering, textiles [1].
• Filings routed through a digital portal — absefiling.nbaindia.in [1].

3. Background & Evolution

• 1992: UN Convention on Biological Diversity (CBD) — India signatory.
• 2002: Biological Diversity Act, 2002 enacted to implement CBD; created three-tier structure — NBA (national), State Biodiversity Boards (SBBs), Biodiversity Management Committees (BMCs) [3].
• 2010: Nagoya Protocol on Access and Benefit Sharing — India ratified 2012.
• 2014: ABS Regulations notified.
• 2021: Biological Diversity (Amendment) Bill introduced; referred to Joint Parliamentary Committee [2].
• 2023: Amendment Act passed — eased compliance for AYUSH practitioners, codified traditional knowledge users, and Indian companies; recalibrated criminal penalties to civil [2].

4. Core Static Facts

• Parent ministry: Ministry of Environment, Forest and Climate Change (MoEFCC) [1].
• Implementing body: National Biodiversity Authority (NBA) — statutory body, HQ Chennai [1][3].
• Parent Act: Biological Diversity Act, 2002 (Act 18 of 2003) [3].
• Key provision triggering CoR: Section 6 of original Act / re-scoped via Section 7 of amended Act — pre-IPR registration with NBA mandatory for inventions based on Indian biological resources or associated traditional knowledge [2].
• Section 7 (intimation): Any person undertaking covered activity must give prior intimation to State Biodiversity Board [2].
• Exemption: Codified traditional knowledge and AYUSH practitioners exempted from benefit-sharing with local communities [2].
• Constitutional anchor: Article 48A (DPSP — environment), Article 51A(g) (FD — protect natural environment), Entry 17A (Forests) & 17B (Wildlife) of Concurrent List.
• Numbers (Apr 2025 – Mar 2026): 1,077 IPR applications; 885 CoRs issued [1].

5. Multi-Dimensional Analysis

Legal / Constitutional

• Section 6 (old) / re-framed obligation: pre-grant NBA approval for IPR involving Indian bioresources [2].
• JPC recommended defining codified traditional knowledge via the First Schedule of Drugs and Cosmetics Act, 1940 (Ayurveda, Siddha books) [2].
• Penalties decriminalised — converted to civil offences adjudicated by adjudicating officer.

Scientific / Technological

• Spurs R&D in biotech, pharma, agrochemicals, microbiology — sectors flagged in NBA filings [1].
• Digital filing portal (absefiling.nbaindia.in) reduces transaction costs [1].

Economic

• Eases compliance for Indian companies with foreign equity, earlier treated as foreign entities — boosts domestic biotech investment.
• NBA disbursed ₹6.09 crore to State Biodiversity Boards & UT Councils in FY 2025-26 [4].

Environmental / Ethical

• Critics: amendment dilutes Access & Benefit Sharing (ABS) obligations under Nagoya; risk of biopiracy via codified-TK exemption.
• Counter: streamlined regulation incentivises legal bioprospecting versus underground use.

Administrative

• Three-tier federal architecture: NBA – SBBs – BMCs; BMCs maintain People's Biodiversity Registers (PBRs) [3].

6. Recent Developments (last 12-18 months)

• April 2026 (PIB): 1,077 IPR applications, 885 CoRs issued in FY 2025-26 — direct outcome of 2023 amendment [1].
• FY 2025-26: NBA extended ₹6.09 crore financial support to SBBs and UT Biodiversity Councils [4].
• 2025: Digital portal for Certificates of Origin for cultivated medicinal plants launched [5].

7. Prelims Hooks

• NBA headquartered at Chennai; statutory body under MoEFCC [1].
• Biological Diversity Act, 2002 implements India's obligations under CBD (1992) & Nagoya Protocol (2010) [3].
• CoR (Certificate of Registration) from NBA is mandatory before filing IPR on Indian bioresources [1].
• Three-tier structure: NBA – State Biodiversity Boards – Biodiversity Management Committees (BMCs) [3].
• BMCs prepare People's Biodiversity Registers (PBRs) [3].
• 2023 amendment exempts AYUSH practitioners and users of codified traditional knowledge from benefit-sharing [2].
• Section 7 of Act: prior intimation to State Biodiversity Board for specified activities [2].
• 1,077 IPR applications / 885 CoRs issued April 2025 – March 2026 [1].
• Portal: absefiling.nbaindia.in [1].
• NBA financial support to SBBs FY 2025-26: ₹6.09 crore [4].
• JPC examined the 2021 Bill before passage in 2023 [2].
• "Codified traditional knowledge" linked to First Schedule of Drugs and Cosmetics Act, 1940 (per JPC) [2].
• Sectors covered: biotech, pharma, agrochemicals, polymer, microbiology, biomedical engineering, textiles [1].

8. Mains Relevance

• GS-III: Conservation, environment, biodiversity; IPR; science & technology indigenisation.
• GS-II: Statutory bodies; legislative process; federal architecture of regulation.
• Syllabus headings: "Conservation, environmental pollution and degradation"; "Statutory, regulatory and various quasi-judicial bodies"; "Issues relating to IPR".

Plausible question stems:

1. "Critically examine how the Biological Diversity (Amendment) Act, 2023 balances ease of doing research with India's obligations under the Nagoya Protocol." (GS-III, 15M)
2. "The 2023 amendment dilutes Access and Benefit Sharing safeguards while easing compliance. Discuss with reference to codified traditional knowledge." (GS-III, 10M)
3. "Discuss the three-tier institutional architecture of the Biological Diversity Act, 2002 and recent reforms in its IPR regime." (GS-II, 10M)

9. Related Topics to Study Next

• CBD 1992 & Nagoya Protocol 2010 — parent international instruments.
• Kunming-Montreal Global Biodiversity Framework (2022) — successor to Aichi Targets; informs NBA priorities.
• TRIPS Agreement & Doha Declaration — IPR/biopiracy interface.
• Traditional Knowledge Digital Library (TKDL) — CSIR-AYUSH defensive IPR initiative.
• PPV&FR Act, 2001 — sui generis IPR for plant varieties.
• Wildlife (Protection) Amendment Act, 2022 — sister conservation reform.
• Forest Rights Act, 2006 — community-rights overlap with BMCs/PBRs.
• CITES — trade in endangered species; complements ABS framework.

10. Common Errors / Trap Areas

• NBA headquarters is Chennai, NOT Delhi or Hyderabad.
• The Act is administered by MoEFCC, not Ministry of Science & Technology or Ministry of AYUSH.
• Certificate of Registration (CoR) is from NBA — do not confuse with Certificate of Origin (medicinal plants portal) [5].
• The 2023 Act decriminalised offences (civil penalties) — aspirants often assume penalties were enhanced.
• AYUSH practitioners are exempt from benefit-sharing — not from registration entirely.
• The original Act is 2002 (notified 2003); amendments are 2023 — three distinct years to keep straight.