Emerging Biotech Sector: Investment Opportunities and Legal Framework

01 October 2024

India’s biotechnology sector has witnessed substantial growth in recent years and presents numerous investment opportunities across various sub-sectors such as biopharma, bio-agriculture, bio-services, and bio-industrial applications. Below is a detailed analysis of the investment potential and the regulatory environment governing the biotech industry in India.

1. Overview of the Biotech Industry in India

India is one of the top 12 biotech destinations in the world and ranks third in the Asia-Pacific region. The Indian biotech sector has grown at a compounded annual growth rate (CAGR) of 14.7%, reaching a valuation of around $80 billion by 2022, with expectations to touch $150 billion by 2025. This growth is driven by:

A. Government Initiatives: Programs such as the National Biotechnology Development Strategy 2021-2025 and the Make in India initiative aim to create a conducive ecosystem for research, innovation, and manufacturing in biotechnology.

B. Skilled Workforce: India has a strong base of skilled scientists and researchers working in biotechnology, supported by numerous universities and research institutes.

C. Cost Advantages: The cost of research and development, clinical trials, and manufacturing is significantly lower in India compared to other global biotech hubs, making it an attractive destination for investment.

Growth Trajectory of India’s Biotechnology Industry (2020-2025):

The Indian biotech industry is projected to grow from USD 63 billion in 2020 to USD 150 billion by 2025, showing a strong upward trend.

Biotech Sub-sector Share in the Market:

The share of different sub-sectors like biopharma, bio-agriculture, and bio-services. Biopharma dominates the biotech sector with 64% of the market share, followed by Bio-Agriculture (19%), Bio-Services (15%), and Bio-Industrial (2%).

FDI Trends in Biotech:

The trends in foreign direct investment in India’s biotechnology sector over the last decade. The FDI inflow into the biotech sector has shown consistent growth, increasing from USD 0.35 billion in 2015 to USD 0.70 billion in 2022.

2. Investment Opportunities in Biotech

A. Biopharmaceuticals

  • Sub-sectors: Vaccines, therapeutic drugs, diagnostics, personalized medicine.
  • Market Opportunity: The Indian biopharma sector is expected to grow due to increasing demand for vaccines, especially amid global health challenges like COVID-19.
  • Notable Companies: Bharat Biotech, Biocon, Serum Institute of India.
  • Investment Potential: Investment opportunities are available in R&D, manufacturing, and technology transfer. The growing demand for biosimilars is also creating new opportunities.

B. Bio-Agriculture

  • Sub-sectors: Genetically modified crops, bio-fertilizers, bio-pesticides.
  • Market Opportunity: With a growing population and increased food security concerns, the demand for biotech solutions in agriculture, such as drought-resistant and pest-resistant crops, is rising.
  • Notable Companies: Mahyco, Nuziveedu Seeds, Advanta Limited.
  • Investment Potential: This sector presents a significant opportunity for venture capital and private equity investments in startups focused on sustainable agriculture technologies.

C. Bio-Services

  • Sub-sectors: Contract research organizations (CROs), clinical trials, contract manufacturing.
  • Market Opportunity: India is becoming a global hub for contract research and clinical trial services due to its low-cost structure and high-quality research capabilities.
  • Notable Companies: Syngene International, Jubilant Biosys, GVK Biosciences.
  • Investment Potential: There is growing interest from global pharmaceutical and biotech companies to outsource research and clinical development services to Indian firms.

D. Bio-Industrial

  • Sub-sectors: Industrial enzymes, biofuels, bioplastics.
  • Market Opportunity: With the global shift towards sustainable technologies, bio-industrial solutions such as biofuels and biodegradable plastics are gaining traction.
  • Investment Potential: Investments in green technologies, renewable energy sources, and environmentally friendly products are increasingly attractive.

3. Regulatory Framework Governing Biotech sector in India

The Indian government has developed a comprehensive legal framework to regulate the biotechnology sector.

Key regulatory bodies:

A. Department of Biotechnology (DBT)

  • Role: Formulates and oversees national biotechnology policies and supports innovation and research activities through funding and infrastructure support.

B. Biotechnology Industry Research Assistance Council (BIRAC)

  • Role: Established under DBT, BIRAC promotes industry-academia collaboration, provides grants for R&D, and helps startups by providing seed capital.

C. Central Drugs Standard Control Organization (CDSCO)

  • Role: Regulates the clinical trials, manufacture, and approval of biopharmaceutical products in India, including vaccines and biosimilars.

D. Genetic Engineering Appraisal Committee (GEAC)

  • Role: Responsible for regulating the use of genetically modified organisms (GMOs) in agriculture and industry.

Key Legislation:

A. Biodiversity Act, 2002: The Biodiversity Act, 2002 was enacted by the Indian government to conserve biological diversity, ensure the sustainable use of biological resources, and promote the fair and equitable sharing of benefits derived from the use of such resources. This legislation aims to protect India’s rich biodiversity while regulating access to genetic resources and associated knowledge.

Key Provisions:

  • Conservation of Biodiversity: The Act emphasizes the protection of ecosystems, species, and genetic resources through the establishment of Biodiversity Management Committees (BMCs) at local levels.
  • Access and Benefit Sharing (ABS): It regulates access to biological resources and ensures that benefits arising from their commercial use are shared equitably with local communities and other stakeholders.
  • National Biodiversity Authority (NBA): Established to regulate access to India’s biological resources by both domestic and international entities, ensuring that permissions are granted in accordance with conservation objectives.
  • Protection of Indigenous Knowledge: The Act safeguards traditional knowledge related to biodiversity, ensuring that indigenous communities are compensated if their knowledge is used for commercial or research purposes.

Overall, the Act serves as a framework for the sustainable management of biological resources, promoting conservation while balancing development and innovation.

B. The Environment Protection Act, 1986

  • Regulates: Activities related to biotechnology that may impact the environment.
  • Genetically Modified Organisms (GMOs): The Act empowers the government to regulate the use of GMOs and related research through the Genetic Engineering Appraisal Committee (GEAC).
  • Biosafety Rules, 1989: Under this Act, guidelines are in place for the research, testing, and release of GMOs to ensure environmental and human safety.

C. The Drugs and Cosmetics Act, 1940

The Drugs and Cosmetics Act, 1940 is a comprehensive law that regulates the manufacture, distribution, sale, and import of sale of biotechnology-based drugs and products such as vaccines, biosimilars, and recombinant DNA products, drugs, cosmetics, and medical devices in India. Its primary objective is to ensure the safety, efficacy, and quality of medicines and healthcare products available to consumers.

Key Provisions:

  • Regulation of Drugs and Cosmetics: The Act classifies substances into different categories (such as drugs, cosmetics, medical devices) and regulates their production, sale, and distribution to ensure public safety.
  • Licensing and Control: Manufacturers, distributors, and sellers must obtain licenses for their operations. The Act lays down stringent guidelines for the manufacture and storage of drugs and cosmetics.
  • Clinical Trials: It governs the conduct of clinical trials for new drugs and biotechnological products through the Central Drugs Standard Control Organization (CDSCO), ensuring ethical standards and patient safety.
  • Penalties for Non-compliance: Violations of the Act, such as manufacturing spurious drugs, can lead to severe penalties, including fines and imprisonment.

The Act has been amended several times to keep pace with advancements in pharmaceuticals, biotechnology, and medical devices, ensuring consumer protection and regulatory oversight in India’s healthcare sector.

D. The Patents Act, 1970 (Amended in 2005)

  • Regulates: Intellectual property rights (IPR) related to biotechnology inventions, including gene sequences, genetically modified organisms, enzymes, and biotechnological processes.
  • The Indian Patent Office ensures that patents granted in biotech adhere to strict standards of novelty and non-obviousness, while protecting ethical concerns, particularly around human cloning and genetic manipulation

E. National Biotechnology Development Strategy

  • Launched by the Department of Biotechnology (DBT) to promote the biotech sector, the strategy emphasizes innovation, R&D, and commercialization in areas such as bio-pharma, agriculture, industrial biotechnology, and bio-energy.
  • DBT also implements biosafety regulations and oversees research in genetic engineering, providing grants and funding for biotech startups.

F. The Clinical Establishments (Registration and Regulation) Act, 2010

  • Regulates: The functioning of clinical establishments, including those involved in biotechnology-based diagnostics, research, and therapy.
  • Ensures that biotech companies conducting clinical trials or offering therapeutic services follow ethical guidelines and maintain transparency in patient safety and treatment protocols.

G. Guidelines for Stem Cell Research and Therapy

  • Issued by the Indian Council of Medical Research (ICMR), these guidelines regulate stem cell research and the therapeutic use of stem cells in biotechnology.
  • They ensure compliance with ethical and safety standards, while promoting innovations in regenerative medicine.

H. Food Safety and Standards Act, 2006

  • Regulates: The safety and quality of biotech products related to food, such as genetically modified food crops and food additives.
  • The Food Safety and Standards Authority of India (FSSAI) ensures that biotech products comply with food safety standards and labeling requirements

I. Compliance Requirements:

  • Biotech companies must comply with India’s biosafety guidelines, especially for genetic engineering and GM crop trials.
  • Clinical trials require approval from the CDSCO, and all biotechnology products must pass through stringent regulatory checks to ensure safety and efficacy.

4. Challenges for Investors

A. Regulatory Complexity: Multiple layers of regulatory approvals are required for biotech products, which can delay market entry.

B. IP Protection: While India has strong patent laws, protecting intellectual property, especially in biotechnology, can be a concern for foreign investors.

C. Infrastructure: Although India has made significant progress, inadequate infrastructure in some regions (e.g., clinical trial facilities, research labs) may pose challenges.

5. Government Initiatives for Supporting the Biotech Sector

  • Make in India: This initiative encourages biotech companies to manufacture products domestically, offering tax benefits and other incentives.
  • Startup India: Biotechnology is one of the sectors under this initiative, aimed at promoting innovation by providing funding support and simplified regulatory procedures.
  • Biotech Parks and Incubators: Various biotech parks and incubation centers have been established across India to provide a conducive environment for R&D and innovation.

6. Investment Models

  • Foreign Direct Investment (FDI): The government allows 100% FDI in biotechnology through the automatic route, which means investors do not need prior government approval.
  • Venture Capital: India has a thriving biotech startup ecosystem that is attracting venture capital investments, especially in areas like healthcare and agri-biotech.

7. Biotech-Dedicated Funds in India and Globally

In both India and worldwide, biotech-dedicated funds are pivotal in supporting startups, research, and innovation across various biotech sub-sectors, including pharmaceuticals, genomics, diagnostics, bio-agriculture, and industrial biotechnology.

Biotech-Dedicated Funds in India

India’s biotech sector has witnessed rapid growth, attracting funding from both government-backed institutions and private VC/PE firms.

1. Biotechnology Industry Research Assistance Council (BIRAC)

  • Overview: A government body under the Department of Biotechnology (DBT), BIRAC focuses on promoting startups, small and medium enterprises (SMEs), and academic institutions in the biotech space.
  • Funding Programs:
    • Biotechnology Ignition Grant (BIG): Provides early-stage funding of up to ₹50 lakh (~$60,000) for startups and innovators.
    • Small Business Innovation Research Initiative (SBIRI): Supports innovative R&D projects in biotech through grants and soft loans.
    • BioNEST: Supports the creation of biotech incubators in India to nurture early-stage startups.

2. India Innovation Growth Programme (IIGP)

  • Overview: This is a public-private partnership between the Indian government’s Department of Science and Technology (DST), Tata Trusts, and Lockheed Martin, aiming to accelerate biotech and life sciences startups.
  • Funding Model: Provides grants, mentorship, and market access support for biotechnology and healthcare startups with a focus on commercialization.

3. ICICI Venture

  • Overview: ICICI Venture invests in biotech and healthcare companies with a focus on pharmaceuticals, diagnostics, and healthcare infrastructure.
  • Investment Focus: Primarily targets growth-stage companies in sectors like bio-pharma, medical devices, and diagnostics.

4. Tata Capital Healthcare Fund

  • Overview: A sector-specific private equity fund focusing on healthcare and life sciences, including biopharma, medical devices, diagnostics, and biotech services.
  • Investment Size: Typically invests in mid-sized and growth-stage biotech firms, with a focus on scaling innovations.

5. Eight Roads Ventures

  • Overview: A global investment firm with a strong presence in India, Eight Roads focuses on high-growth healthcare and biotech companies.
  • Key Areas: Biotechnology, pharmaceuticals, diagnostics, and digital health platforms.

Global Biotech-Dedicated Funds

Globally, biotechnology has become one of the most well-funded sectors, with several prominent funds focusing exclusively on life sciences, pharma, and biotech innovations.

1. OrbiMed Advisors

  • Overview: One of the largest healthcare investment firms globally, OrbiMed manages over $17 billion in assets, focusing heavily on biotech, pharmaceuticals, and life sciences.
  • Investment Strategy: OrbiMed invests across the entire lifecycle of biotech companies, from seed funding to late-stage growth, across North America, Europe, and Asia.

2. Flagship Pioneering

  • Overview: A Boston-based venture capital firm, Flagship Pioneering is known for incubating and funding biotech startups like Moderna. It has a strong focus on cutting-edge biotech innovations.
  • Investment Areas: Synthetic biology, genomics, precision medicine, and RNA therapeutics.

3. ARCH Venture Partners

  • Overview: A leading global VC firm that specializes in early-stage investments in biotechnology and life sciences. ARCH has backed some of the biggest names in biotech, including Illumina and Juno Therapeutics.
  • Investment Focus: Pioneers in genetic medicine, diagnostics, personalized healthcare, and biopharma.

4. Sequoia Capital (Life Sciences Division)

  • Overview: Sequoia Capital is a globally recognized VC firm with a dedicated division for life sciences, focusing on biopharma, diagnostics, and healthcare technology.
  • Portfolio: Sequoia’s biotech investments include startups developing groundbreaking therapies, diagnostic tools, and biotech platforms.

5. SV Health Investors

  • Overview: SV Health Investors is a global healthcare VC firm with a strong focus on biotech companies in the therapeutics and diagnostics sectors. The firm manages funds across the US and Europe, emphasizing early-stage and growth-stage ventures.
  • Investment Areas: Biotechnology, medical devices, diagnostics, and digital health.

6. Third Rock Ventures

  • Overview: A leading venture capital firm focused on building transformative biotech companies. Third Rock Ventures has a track record of nurturing early-stage biotech companies.
  • Investment Focus: Primarily invests in breakthrough scientific discoveries in the areas of genomics, oncology, and rare diseases.

7. Sofinnova Partners

  • Overview: A European venture capital firm with significant investments in biotech, pharmaceuticals, and life sciences, Sofinnova has been a pioneer in funding early-stage biotech startups.
  • Portfolio: Sofinnova Partners focuses on biotech firms developing innovative therapies, biopharma solutions, and agricultural biotech.

8. Novo Holdings

  • Overview: The investment arm of the Novo Nordisk Foundation, Novo Holdings is one of the largest life sciences investment firms globally. It invests across early-stage, growth, and late-stage biotech companies.
  • Investment Areas: Biopharmaceuticals, industrial biotechnology, and medical devices.

9. RA Capital Management

  • Overview: A US-based fund that focuses on biotechnology and life sciences investments, RA Capital Management is known for backing companies in genomics, precision medicine, and innovative biotech platforms.
  • Investment Focus: Early- and late-stage biotech companies, with a particular interest in gene editing, cancer therapies, and regenerative medicine.

10. Blackstone Life Sciences

  • Overview: Blackstone’s dedicated life sciences division focuses on investments in pharmaceutical and biotech companies, particularly those developing innovative therapies and healthcare technologies.
  • Investment Strategy: Blackstone Life Sciences invests in both early-stage and mature biotech firms, often working with pharma companies to bring new therapies to market.

8. Looking Forward

With the government’s continued focus on biotechnology and the growing global interest in biosimilars, vaccines, and sustainable agricultural practices, the sector is poised for rapid expansion. By 2025, India is expected to be among the top five biotech hubs globally.

 

Disclaimer: The data and chart in the above publication is collected from various sources in electronic medium and analyzed by the firm. India Juris takes no responsibility or liability of the accuracy of the data and charts depicted above.

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