The inclusion of the digital sequence information (DSI) in the scope of the Nagoya Protocol and its consequences

Abstract

The Nagoya Protocol, a supplementary agreement to the Convention on Biological Diversity (CBD), was drafted considering the classical model of biopiracy based on the appropriation of physical samples. However, with the development of new technologies of DNA and RNA sequencing, scientists are no longer using just tangible samples on their research. Instead, they are accessing genetic resources in a digital format, the Digital Sequence Information (DSI). Mainly based on the studies requested by the Conference of the Parties to the CBD, in its thirteenth and fourteenth meetings, this article aims at examining the challenges that the ABS system will have to face in case DSI is considered a genetic resource under the Nagoya Protocol. This article concludes that the emergence of new forms of accessing the genetic resources does not undermine the role of the ABS regime, which should walk alongside the advances of technology to guarantee distributive justice.