Biodiversity Research, Genetic-Resource Access and Benefit Sharing Approvals in Bangladesh

by Barrister Tahmidur Rahman | Sep 14, 2026

Trade, Competition & RegulationLawful access to Bangladesh biodiversity9 min read

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.

Biodiversity Research, Genetic-Resource Access and Benefit Sharing Approvals in Bangladesh: Benefit sharing with TRW & Co
Matter planTrade, Competition & Regulation
  1. Scope the project
  2. Secure consent and approvals
  3. Paper the relationships
  4. Monitor and commercialise
Overview

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.

01 · What we handle

Core workstreams

  • Approval mapping and applications
  • Prior informed consent processes
  • Material transfer and research agreements
  • Benefit sharing agreements
02 · How it runs

Four clear stages

  1. 01Scope the project
  2. 02Secure consent and approvals
  3. 03Paper the relationships
  4. 04Monitor and commercialise
03 · Start here

Talk to a partner

Consultations in Dhaka or by video. Scope, team and fees are agreed in writing first.

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How we help

Our work on genetic resources and biodiversity

Workstream 01Trade, Competition & Regulation

Approval mapping and applications

  • Scope the project
  • Secure consent and approvals
  • Paper the relationships
  • Monitor and commercialise
Workstream 02Trade, Competition & Regulation

Prior informed consent processes

  • Scope the project
  • Secure consent and approvals
  • Paper the relationships
  • Monitor and commercialise
Workstream 03Trade, Competition & Regulation

Material transfer and research agreements

  • Scope the project
  • Secure consent and approvals
  • Paper the relationships
  • Monitor and commercialise
Workstream 04Trade, Competition & Regulation

Benefit sharing agreements

  • Scope the project
  • Secure consent and approvals
  • Paper the relationships
  • Monitor and commercialise
Workstream 05Trade, Competition & Regulation

Export, CITES and quarantine

  • Scope the project
  • Secure consent and approvals
  • Paper the relationships
  • Monitor and commercialise
Workstream 06Trade, Competition & Regulation

IP and commercialisation

  • Scope the project
  • Secure consent and approvals
  • Paper the relationships
  • Monitor and commercialise
01

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.

02

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.

03

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.

04

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.

05

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.

06

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.

RecognitionThe Legal 500Asia Pacific ranks Tahmidur Remura Wahid (TRW) Law Firm for dispute resolution in Bangladesh.
Cross-border reach6 jurisdictionsMatters coordinated with counsel in the UK, US, UAE, China, India and Singapore.
Bar and admissionsDhaka and LondonBarristers and advocates in Bangladesh, with a solicitor of England and Wales (non-practising).
HeadquartersDhakaHouse 410, Road 29, Mohakhali DOHS. Consultations in person or by video.
Who leads this work

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.

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01

Do 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.

02

What 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.

03

Does 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.

04

What 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.

05

How 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.

06

Can 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.

07

Do 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.

08

What 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.

How a matter runs

From first call to resolution.

  1. 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.

  2. 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.

  3. 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.

  4. 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

FAQ

Questions, answered.

Still unsure? Email info@trw.co with a short outline of the matter.

Which law governs benefit sharing in Bangladesh?
The Bangladesh Biodiversity Act 2017 is the main law on access to biological resources and associated traditional knowledge and on benefit sharing. It is supported by rules and administrative practice, and works alongside forest, wildlife, plant quarantine, fisheries and export laws. Bangladesh is also a party to the Convention on Biological Diversity. Because procedures can change, we confirm the current requirements with the relevant authorities for each project before applications are filed. International partners will often ask for evidence of this check before collaboration starts. Older guidance may be out of date.
Can a Bangladeshi university share samples with a foreign partner?
It can, but the transfer usually needs approval and a written agreement, especially if material or research results leave Bangladesh. The agreement should limit use to the approved purpose, prevent onward transfer without consent, set publication and data rules, and include benefit sharing terms. Universities should also check their own internal policies and any funder conditions. We draft material transfer agreements that protect the institution and keep collaborations moving. Clear agreements also make it easier to attract future international research funding. Allow time in the project plan for the institution's own sign-off, which often takes longer than the external steps.
Are benefit sharing payments always monetary?
No. Many arrangements, particularly for research, focus on non-monetary benefits such as joint research, training of Bangladeshi scientists, sharing of results and data, equipment, co-authorship and technology transfer. Commercial arrangements usually add monetary benefits such as upfront fees, milestone payments or royalties on products. The right mix depends on the project, the stage of development and the expectations of authorities and communities, and we help negotiate balanced terms. Benefits should be described clearly enough that both sides can confirm when they have been delivered. Expectations should be recorded in writing at the start.
Do companies buying botanical ingredients need to worry about benefit sharing?
Possibly. Buying commodity plant material for ordinary trade may be treated differently from research and development using genetic resources, but the line is not always clear, particularly for cosmetics, nutraceuticals and pharmaceuticals. Overseas laws, such as EU due diligence rules for users of genetic resources, may also apply. We review sourcing and product development activities and advise whether approvals or agreements are needed for a particular supply chain. Early review is far easier than unwinding an established supply chain after a buyer or regulator raises questions.
What are the risks of collecting material without approval?
Unauthorised access can lead to enforcement under the Biodiversity Act 2017 and other laws, seizure of material, refusal of future permits and damage to relationships with Bangladeshi partners. Abroad, it can create problems with journals, funders, patent offices and regulators that ask for proof of legal provenance. We advise on regularising past collections where possible and on putting proper procedures in place for future work. Prompt, voluntary engagement with the authorities is usually the most constructive route where problems are found. Reputational harm can last far longer than any penalty.
How long does approval take?
Timing depends on the type of access, the authorities involved, the completeness of the application and whether community consent is needed, so we do not quote standard periods. Projects that involve protected areas, listed species or commercial use generally take longer. Building approvals into the research timetable and preparing complete applications reduces delay. We prepare a realistic plan that shows dependencies and keeps funders and partners informed. Early discussion with Bangladeshi partners and authorities often helps identify issues before an application is formally filed. Contingency time should be built into grant budgets.
Can disputes over benefit sharing agreements be arbitrated?
Yes, commercial benefit sharing and material transfer agreements commonly include arbitration clauses, and arbitration under the Arbitration Act 2001 is available in Bangladesh. Disputes involving public authorities or community rights may also raise regulatory and constitutional questions that courts decide. We advise on dispute clauses at the drafting stage and represent parties in negotiations, arbitration and proceedings arising from these arrangements. A well-chosen seat, clear governing law and agreed technical expert procedures make these disputes easier to manage and resolve.
How can we get help with a biodiversity research project?
Contact us at House 410, Road 29, Mohakhali DOHS, Dhaka 1206, on +880 1708 000660, at info@trw.co, or through our contact page. Send a summary of the project, the material and locations involved, the partners and the intended uses. We will identify the approvals and agreements needed and propose a practical compliance plan and timetable. A short note on the project stage and timetable helps us advise on what should happen first. We can also coordinate with your institution's own legal office, research ethics committee or technology transfer team.

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