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  • 13 - Sharing Pathogen Sequence Data for Global Scientific Research under the Nagoya Protocol to the Convention on Biological Diversity

  • from Part III - Intellectual Property and Global Inequality
  • Edited by Daniel Benoliel, University of Haifa, Israel, Peter K. Yu, Texas A & M University School of Law, Francis Gurry, World Intellectual Property Organization, Keun Lee, Seoul National University
  • Book:
    Intellectual Property, Innovation and Economic Inequality
    Published online:
    05 December 2024
    Print publication:
    12 December 2024, pp 324-348
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  • Summary

    The Nagoya Protocol to the Convention on Biological Diversity (CBD) has threatened to impede access to genetic resources and related data for cross-border scientific research. In principle, every use of genetic resources would require a set of contracts under the CBD, in a “bilateral” regime. The related transaction costs could overwhelm many transnational research undertakings, affecting even public health responses to outbreaks and epidemics. However, the Nagoya Protocol also offers a unique opportunity to resolve this dilemma, despite struggles to define the meaning and coverage of “digital sequence information.” The coverage of genetic sequence data under the CBD remains controversial mainly because users do not know what the potential consequences of such coverage might ultimately entail. This chapter’s objective is to outline a type of coverage devised specifically for pathogens that would promote science, public health, and commercial applications while also protecting the interests of provider countries, supporting innovation, and addressing inequalities. The authors envision an agreed waiver for pathogen sequence data used for upstream scientific research purposes under the Nagoya Protocol, without compromising the duty of users to share benefits. This waiver should help alleviate the problems of definition and subject-matter coverage that have stymied multilateral action.

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