The legal conundrum over regulation of access and benefit sharing obligations in digital sequence information over genetic resources‐assessing indian position

Abstract

AbstractThe agenda of Digital Sequence Information (DSI) on genetic resources was taken up for international debate at the 14th Conference of Parties to the Convention on Biological Diversity (CBD hereinafter) in 2018. The issue is of great significance to governments of the member countries as the new use of sequence information is replacing the existing practice of physical access to plants, animals, and so forth. It is everting the traditional approaches to access and benefit sharing (ABS hereinafter) under the CBD and encouraging bio‐piracy as the legal framework is not versed with the realities of technical advance. This legal conundrum and free‐for‐all access to sequence information is highly beneficial for user countries and the biotechnology industry which supports the open access model citing benefits related to climate change, public health, and food security. The current COVID‐19 pandemic related research has given strength to their argument that restriction of access would hamper research and development for the benefit of mankind as the sequence details of the virus has been made available under the public domain. On the other hand, source countries contend that allowing free access to sequence information of genetic resources without prior informed consent and mutually agreed terms as per the CBD and Nagoya Protocol (NP hereinafter) will be counterproductive to the interests of the indigenous people and local communities that foster and preserve biodiversity in their jurisdictions. The paper analyses the issues and arguments related to DSI and explore the possibility and prospects of the application of the ABS under CBD‐NP framework to DSI.