Abstract

In the past decade and a half, key international agreements have established systems of access and benefit sharing that aim to obtain consent and provide compensation for commercial use of plants, animals, and microorganisms—particularly those sourced in the Global South. Yet the rise of genomics, gene editing and synthetic biology may threaten the legitimacy of these agreements. Thus far, agreements have governed these resources in their physical form—as organisms in situ or germplasm in gene banks. However, both public and private research are increasingly utilizing genomic sequences and associated information. As a result of this shift, debates are unfolding at international fora such as the Convention on Biological Diversity and the International Treaty on Plant Genetic Resources for Food and Agriculture on whether existing agreements apply to physical resources only, or also to their sequence data or other associated information. Some call uninhibited access to digital sequence information (DSI) a new form of biopiracy, whereby digital resources are used without permission from those in the Global South. Others argue that access to DSI should remain unencumbered by bureaucracy, as it is key to biodiversity conservation and food security. This paper examines these debates over DSI and the rationales and justifications employed by the two sides, which loosely follow a divide between Global South and North. We find that different conceptualizations of genetic resources—particularly with regard to when, where and how value is added—define respective positions. Outcomes of these debates have important implications for management of global biodiversity, food security and issues of equity and justice for actors in biodiverse regions of the world.

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