Challenging the existing order of knowledge sharing governance with digital sequence information on genetic resources

Charles Lawson, Fran Humphries and Michelle Rourke

Journal of Intellectual Property Law and Practice, 2024, vol. 19, issue 4, 337-357

Abstract: The Conference of the Parties to the Convention on Biological Diversity (CBD) have begun work on establishing a distinct multilateral mechanism to access and share the benefits (ABS) from digital sequence information on genetic resources (DSI), with the expectation of new monetary benefits.Regulating DSI for benefit sharing is problematic because efficiently and effectively regulating information requires defining DSI and identifying a suitable material proxy for the information because it is itself intangible (probably a levy or tax to access or use a database of information).More problematic is finding a compromise to the competing information governance frameworks: a dominant international intellectual property order that favours the free exchange of resources and information (generally favoured by the technology rich North); the taking of nature by States and re-ordering of biological resources to deliver benefits (generally favoured by the technology poor South); and, the claims of Indigenous Peoples according to their emerging rights in international law.

Date: 2024
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