Biological Diversity Act Amendments

India is one of the world’s richest countries in terms of biological diversity. To ensure that this biodiversity is conserved, used sustainably, and benefits are shared equitably, the Indian Parliament enacted the Biological Diversity Act (BDA), 2002. India is a signatory to the United Nations Convention on Biological Diversity (1992) and the Nagoya Protocol on Access to Genetic Resources and Benefit Sharing (2010), both of which inform the spirit of the Act.

With recent amendments effective from April 1, 2024, the BDA has become even more aligned with international treaties and modern biotechnological and research practices. This article critically examines the scope and impact of the amendments, with particular attention to the categorization of foreign and domestic entities, eliminating the need for prior approval (for Indian entities) by the regulatory bodies such as the National Biodiversity Authority (NBA), thereby expediting the grant process for patent applications. The amendments strike a practicable balance between conservation priorities and sustainable commercial benefits.