Analysis of the Working Group's Recommendations and COP-16 Decision 16/2 on Digital Sequence Information

Abstract

Recent advancements in molecular biology and bioinformatics have introduced innovative methods for accessing genetic information, which are not yet encompassed by the existing frameworks of the Convention on Biological Diversity and the Nagoya Protocol. Technologies utilizing Digital Sequence Information often eliminate the need for physical samples by relying on genetic data stored digitally through private and public databases. The CBD and the Nagoya Protocol were originally designed to regulate access to genetic resources in their physical form. However, the increasing reliance on DSI for developing biotechnological products has revealed a significant necessity to update the international Access and Benefit-Sharing framework. To address this issue, the 15th meeting of the Conference of the Parties approved Decision 15/9, which calls for the establishment of a mechanism to include DSI in the international ABS regime. This decision led to the creation of a Working Group on Benefit-sharing from the use of DSI (WGDSI). This paper aims to critically analyze the multilateral benefit-sharing modalities recommended by the WGDSI and those proposed by Decision 16/2 at COP-16. The work also proposes a new solution to improve the mechanism's ability to raise funds for biodiversity conservation.