Biodiversity Research, Genetic-Resource Access and Benefit Sharing Approvals in Bangladesh
Advice for universities, research institutes, pharmaceutical, agricultural and cosmetics companies on biodiversity research, genetic resource access and benefit sharing in Bangladesh, covering the Biodiversity Act 2017, prior informed consent, material transfer agreements, sample export permits and the intellectual property that results.
- Scope the project
- Secure consent and approvals
- Paper the relationships
- Monitor and commercialise
How we advise on access and benefit sharing in Bangladesh
Bangladesh holds rich biodiversity, from the Sundarbans mangroves and the forests of the Chittagong Hill Tracts to wetlands, haor basins and coastal ecosystems, together with crop varieties, medicinal plants and traditional knowledge held by local and indigenous communities. Researchers and companies who want to collect, study or use this material need to understand the rules on access and benefit sharing before work begins. We advise foreign and domestic universities, research institutes, seed and agricultural companies, pharmaceutical and cosmetics businesses and conservation organisations on the approvals, contracts and compliance steps involved, as part of our regulatory practice.
The Bangladesh Biodiversity Act 2017 is the central statute. It establishes national and local structures for biodiversity governance and regulates access to biological resources and associated traditional knowledge, particularly for commercial use, research by foreign persons and the transfer of material or research results out of the country. It reflects principles of the Convention on Biological Diversity, including prior informed consent and fair and equitable benefit sharing. Procedures are set by rules and practice, so we confirm the current process with the authorities for each project. Applicants should keep copies of all submissions and approvals.
Other laws often apply alongside the Biodiversity Act. Work in forests and protected areas involves the Forest Department and the Wildlife (Conservation and Security) Act 2012. Collection of plant material may raise plant quarantine and seed law questions, fisheries and marine work involves its own authorities, and export of specimens of listed species requires CITES permits. Research involving human participants or traditional health practices may need ethics approval. We map every approval a project needs, so that a benefit sharing approval is not undermined by a missing forest, wildlife, quarantine or export permit at a later stage.
Contracts are as important as approvals. Material transfer agreements, research collaboration agreements, community consent documents and benefit sharing agreements set out who may use material, for what purposes, whether it can be passed to third parties, who owns results and intellectual property, and what monetary or non-monetary benefits flow back to Bangladesh and to the communities involved. We draft and negotiate these documents for researchers, sponsors and Bangladeshi partners, and coordinate with our technology and intellectual property practice where patents, plant variety rights or commercial licences may result. Foreign model agreements should be adapted to Bangladeshi law before signature.
Compliance does not stop at the Bangladesh border. Users of genetic resources in other countries, including the European Union, may be required to show due diligence that material was accessed lawfully in the provider country, and journals, funders and patent offices increasingly ask about legal provenance. Barrister Tahmidur Rahman and Barrister Remura Meheruba Mahbub advise on cross-border research, licensing and investment structures, working with counsel in the UK, US, UAE, China, India and Singapore. We help clients build a clear record of access and benefit sharing compliance that will satisfy partners, funders and authorities. Good records also protect reputations.
Core workstreams
Four clear stages
- 01Scope the project
- 02Secure consent and approvals
- 03Paper the relationships
- 04Monitor and commercialise
Talk to a partner
Consultations in Dhaka or by video. Scope, team and fees are agreed in writing first.
Book →Our work on genetic resources and biodiversity
Approval mapping and applications
- Scope the project
- Secure consent and approvals
- Paper the relationships
- Monitor and commercialise
Prior informed consent processes
- Scope the project
- Secure consent and approvals
- Paper the relationships
- Monitor and commercialise
Material transfer and research agreements
- Scope the project
- Secure consent and approvals
- Paper the relationships
- Monitor and commercialise
Benefit sharing agreements
- Scope the project
- Secure consent and approvals
- Paper the relationships
- Monitor and commercialise
Export, CITES and quarantine
- Scope the project
- Secure consent and approvals
- Paper the relationships
- Monitor and commercialise
IP and commercialisation
- Scope the project
- Secure consent and approvals
- Paper the relationships
- Monitor and commercialise
Approval mapping and applications
We identify which approvals a research or commercial project needs under the Biodiversity Act 2017 and related laws, prepare applications and supporting documents, and liaise with the relevant authorities. We explain how the purpose of access, the nationality of the researcher, the type of material and any intended commercial use affect the process, and we track approval conditions and renewal or reporting duties. We also prepare short internal guidance for field teams.
Prior informed consent processes
Where access involves land, community resources or traditional knowledge, we help design consent processes that are genuine, documented and culturally appropriate. This includes identifying the right community institutions and local biodiversity bodies, preparing information in Bangla and local languages where needed, recording consent properly, and negotiating benefit sharing terms that communities understand and accept for the project. Consent records are kept in a form that can be shown to partners and authorities.
Material transfer and research agreements
We draft and negotiate material transfer agreements, research collaboration agreements and sample export arrangements between Bangladeshi institutions and foreign partners. Key terms include permitted uses, restrictions on third-party transfer, change of intent from research to commercial use, publication rights, ownership of data and results, confidentiality, reporting, benefit sharing obligations and the governing law and dispute resolution clause. We also review partners' standard templates for gaps.
Benefit sharing agreements
We structure benefit sharing agreements covering monetary benefits such as upfront payments, milestones and royalties, and non-monetary benefits such as joint research, training, technology transfer, co-authorship and capacity building. We draft mechanisms that are workable over long product development timelines, including audit rights, reporting, triggers on commercialisation and treatment of benefits when rights are licensed or sold to third parties. Payment and reporting obligations are made easy to administer.
Export, CITES and quarantine
We advise on exporting biological samples, specimens and derivatives from Bangladesh, including CITES permits for listed species, plant quarantine requirements, customs documentation and courier rules for biological material. We align export steps with access approvals and agreements, so that samples leave Bangladesh lawfully and arrive with the paperwork that importing country authorities and receiving laboratories require. Shipments are planned well ahead of fieldwork deadlines.
IP and commercialisation
We advise on patent, plant variety and trade mark strategies for products derived from Bangladesh biodiversity, including disclosure of origin questions, ownership between collaborators, licensing and joint ownership. We also help companies review existing collections and supply chains for provenance gaps and plan remedial steps where earlier access may not have met current benefit sharing requirements. Ownership terms are agreed before research begins.
Partner-led, on every matter.
Trade, Competition & Regulation matters at TRW are led by partners, supported by associates, with one responsible lawyer from first advice to final outcome.
Meet the firm →01Do foreign researchers need approval to collect biological samples in Bangladesh?
In most cases, yes. The Biodiversity Act 2017 regulates access to biological resources and associated traditional knowledge, with particular controls on access by foreign persons and on transferring material or research results abroad. Additional permits may be needed for protected areas, forests, wildlife, fisheries and plant material. Partnering with a Bangladeshi institution helps but does not remove the need for approvals. We review the research plan, identify the approvals required and prepare applications so that fieldwork and sample export are lawful from the start of the project. Early planning avoids delays in the field.
02What is access and benefit sharing in practical terms?
Access and benefit sharing is the principle that people who use genetic resources or traditional knowledge should obtain prior informed consent from the provider country, and from communities where relevant, and agree terms to share the benefits fairly. In practice, it means getting the right approvals before collecting material, signing agreements that define permitted uses and benefit sharing obligations, and keeping records that prove compliance. Benefits can be financial, such as royalties, or non-financial, such as training, joint publications and technology transfer to Bangladeshi institutions. Each element should be documented. We explain each step in plain terms.
03Does purely academic research need a benefit sharing agreement?
Non-commercial research is often treated differently from commercial use, but it is rarely exempt from all requirements, especially where foreign researchers are involved or material leaves Bangladesh. Academic projects usually need approval and an agreement that restricts use to research, sets publication and data terms, and requires new consent if commercial use is later intended. Non-monetary benefit sharing, such as collaboration with Bangladeshi scientists and capacity building, is common. We help academic teams set up proportionate compliance that fits their funding and timetable. Keep records of the material, its source and recipients. Funders increasingly expect this documentation.
04What happens if research results later become commercially valuable?
This is a common and important scenario. Most approvals and material transfer agreements limit use to the purpose declared when access was granted, so moving from research to commercial development usually requires fresh approval and renegotiated benefit sharing terms. Proceeding without them can expose the user to enforcement in Bangladesh and challenges abroad, including questions over patents or product approvals. We advise on change of intent clauses at the outset and, where results are already valuable, on approaching authorities and partners to regularise the position. Review approval terms once commercial potential appears. Waiting usually makes regularisation harder.
05How is traditional knowledge protected in Bangladesh benefit sharing arrangements?
The Biodiversity Act 2017 recognises traditional knowledge associated with biological resources, and access to it is treated alongside access to the resources themselves. Where knowledge comes from identifiable communities, including indigenous peoples in the Chittagong Hill Tracts and elsewhere, consent and benefit sharing should involve those communities directly. Documentation must respect cultural sensitivities and may need confidentiality. We help researchers and companies design respectful processes, record consent properly and negotiate terms that give communities meaningful and lasting benefits from the use of their knowledge. Trust takes time to build. Local partners can help with this.
06Can samples be sent abroad by courier for laboratory analysis?
Possibly, but only with the right approvals and documents. Transfer of biological material or research results out of Bangladesh is a regulated step under the Biodiversity Act 2017, and specimens of CITES-listed species need export permits. Plant, animal and microbial material may also face quarantine and customs requirements in both countries. Couriers have their own rules for biological shipments. We advise on the full export chain and draft material transfer agreements that control onward use by the receiving laboratory and any of its partners. Labels and invoices must match. Delays at customs can damage samples.
07Do benefit sharing rules affect patents based on Bangladesh biodiversity?
They can. Patent offices in some countries require disclosure of the origin of genetic resources or traditional knowledge, and a patent based on unlawfully accessed material may be challenged or create reputational problems. In Bangladesh, patent law has been modernised and its treatment of biological material should be checked for each application. Agreements should also set out who owns resulting inventions. We advise on aligning patent strategy with access approvals and benefit sharing obligations, and on co-ownership and licensing terms with Bangladeshi partners. Early alignment avoids later problems. This should be checked before filing.
08What records should we keep to prove compliance?
Keep copies of approvals and permits, the research proposal submitted, prior informed consent documents, material transfer and benefit sharing agreements, sample collection logs with locations and dates, export permits, shipping records and correspondence with authorities and communities. Track each sample and derivative through your systems so that its provenance can be shown later. Overseas regulators, funders, journals and commercial partners may ask for this evidence. We help clients design simple record systems and review existing collections for gaps. Regular internal audits help keep the record complete and current. Retention periods should be long.
From first call to resolution.
- 01
Scope the project
We review the research or commercial plan, the material and knowledge involved, the locations, the partners and any intended commercial use, and identify every approval and agreement the project requires in Bangladesh. We then provide a written plan that ranks the risks and sets out the approvals, agreements and sequence needed.
- 02
Secure consent and approvals
We prepare applications, support engagement with authorities and communities, and document prior informed consent, so that access is lawful and benefit sharing expectations are agreed before collection begins. We record any approval conditions and agree realistic timelines, so that no collection starts before consent is in place.
- 03
Paper the relationships
We draft material transfer, research collaboration and benefit sharing agreements, and align them with export permits, funding conditions and intellectual property plans for the life of the project. We keep terms consistent across documents and share drafts early, so partners and funders can raise concerns before positions harden.
- 04
Monitor and commercialise
We advise on reporting duties, changes of intent, publication, patent filings, licensing and benefit payments as the project develops, and help resolve disputes or compliance questions as they arise. We diarise reporting and payment obligations and review them regularly, so that deadlines and notification duties are not missed.
“Demonstrates an extraordinary command over both domestic litigation and international arbitration.”
The Legal 500 Asia Pacific, Bangladesh: Dispute resolution, client feedback
Related reading.

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Waste Management Law in Bangladesh: Waste Rules, Wildlife, Forests and Natural Resources in 2026

Patent Registration in Bangladesh: Application Requirements and Process

Indigenous Peoples’ Rights in Bangladesh 2026: Constitution, Hill Tracts, Land and Refugee Status
All insights →
Which law governs benefit sharing in Bangladesh?
Can a Bangladeshi university share samples with a foreign partner?
Are benefit sharing payments always monetary?
Do companies buying botanical ingredients need to worry about benefit sharing?
What are the risks of collecting material without approval?
How long does approval take?
Can disputes over benefit sharing agreements be arbitrated?
How can we get help with a biodiversity research project?
Access Bangladesh biodiversity lawfully and fairly
Speak with the partners about Benefit sharing in Bangladesh or across borders.
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