Ad Hoc Open-ended Working Group on Benefit-sharing from the Use of Digital Sequence Information ("DSI") on Genetic Resources.

Ad Hoc Open-ended Working Group on Benefit-sharing from the Use of Digital Sequence Information ("DSI") on Genetic Resources

• The International Civil Aviation Organization (ICAO), Montreal, Canada
• Wednesday, August 14, 2024

On August 14, 2024, Bart Van Vooren will present the paper (Co-authored with Yuliya Gevrenova) "The Impact of Co-Existing Access and Benefit-Sharing Obligations ("Hybrid System") on Life Sciences Companies: A View from Private Legal Practice" at a side event to the Second meeting of the Ad Hoc Open-ended Working Group on Benefit-sharing from the Use of Digital Sequence Information ("DSI") on Genetic Resources.

On 19 December 2022, the fifteenth Conference of the Parties ("COP 15") to the Convention on Biological Diversity ("CBD") adopted the new Global Biodiversity Framework and Decision 15/09, proposing the creation of a global “multilateral mechanism for benefit-sharing from the use of digital sequence information on genetic resources.” Since then, negotiations have been ongoing as to how to operationalize the DSI mechanism, e.g. what will be the trigger points for benefit-sharing (such as a payment when placing a product on the market?); or how high will the contribution be: 1% of global retail price or 1% of global net revenue, and how can this be enforced?

One key issue that emerged during the negotiations is what will be the relationship between the new multilateral mechanism and existing national laws, already regulating access to DSI. Hence the term "hybrid mechanism" was used to describe the simultaneous application of a multilateral mechanism and national (bilateral) regimes. In our presentation we will illustrate the way in which such "hybrid mechanism" would apply in practice from the perspective of life sciences companies, wishing to comply with all benefit-sharing obligations. In addition, we explain the complexity of the creation of a "hybrid system" in an international environment with already proliferated benefit-sharing legal regimes (e.g., High Seas treaty, Plant treaty, WHO Pandemic treaty).

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