BharatNotes What is Access and Benefit Sharing (ABS)?
Access and Benefit Sharing (ABS) is a governance mechanism that regulates how genetic resources and associated traditional knowledge are accessed, and ensures that the benefits arising from their use are shared fairly and equitably with the providers. It rests on two pillars: access (granted via prior informed consent and mutually agreed terms) and benefit sharing (monetary benefits such as royalties and fees, and non-monetary benefits such as technology transfer, capacity building and joint research).
ABS is the third of the three objectives of the Convention on Biological Diversity (CBD), 1992, the other two being conservation of biodiversity and sustainable use of its components (CBD, Article 1).
International Framework: The Nagoya Protocol
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization is the key international instrument operationalising ABS.
| Milestone | Detail |
|---|---|
| Adopted | 29 October 2010, Nagoya, Japan |
| Entered into force | 12 October 2014 |
| India signed | 2011 |
| India ratified | October 2012 (at CBD COP-11, Hyderabad) |
| Coverage | Genetic resources and associated traditional knowledge |
It affirms the sovereign right of states over their biological resources and empowers them to require prior authorisation (access) and benefit-sharing payments from those who commercialise products or processes using these resources.
ABS in India
India implements ABS chiefly through the Biological Diversity Act, 2002, enacted to give effect to the CBD. The Act is administered through a three-tier structure:
- National Biodiversity Authority (NBA) — statutory body headquartered in Chennai; regulates access by foreign entities and approvals for intellectual property rights based on Indian biological resources.
- State Biodiversity Boards (SBBs) — handle access and ABS matters for Indian entities at the state level.
- Biodiversity Management Committees (BMCs) — at the local body level, responsible for documenting biodiversity through People's Biodiversity Registers.
Recent Developments
The Biological Diversity (Amendment) Act, 2023 (presidential assent on 3 August 2023) significantly reshaped the ABS regime. Key changes include:
- Easier compliance for Indian companies, registered AYUSH practitioners, startups and MSMEs.
- Decriminalisation of offences — imprisonment replaced with monetary penalties.
- Explicit reference to enable regulation of Digital Sequence Information (DSI).
- Streamlined intellectual property and approval processes.
The amendment was operationalised by the Biological Diversity Rules, 2024 (notified 22 October 2024; effective 22 December 2024), which replaced the 2004 Rules with updated procedures, fee structures and digitised systems.
UPSC Angle
For Prelims, focus on factual anchors — the three CBD objectives, Nagoya Protocol dates, India's ratification at COP-11 Hyderabad, and the NBA-SBB-BMC structure. For Mains (GS3), ABS connects to biopiracy (e.g., historical Neem and Basmati cases), protection of traditional knowledge, bioprospecting, and the emerging contest over Digital Sequence Information under the Kunming-Montreal Global Biodiversity Framework. A common exam trap is confusing the Nagoya Protocol (ABS) with the Cartagena Protocol (biosafety, living modified organisms) — both supplement the CBD but address different objectives.
