The status of "digital sequence information" ("DSI") on genetic resources under international law is controversial. Countries that have regulated access to their genetic resources fear that the free use of published sequence data can undermine benefit-sharing regulations.
DSI discussions within the CBD
At the UN Biodiversity Conference in 2016, the Parties to the CBD agreed on a process to clarify whether, and if so, how the use of digital sequence information relates to ABS. The Contracting Parties could not agree on a definition and a clear concept for "Digital Sequence Information”, so the term is still considered a placeholder.
Even in 2018, the CBD Contracting Parties were unable to reach an agreement. Whether or not "DSI" is to be considered synonymous with genetic resources and whether or not the use of DSI causes benefit sharing obligations remained a matter of dispute. Parties agreed on a science based discussion process aimed at overcoming the divergence of views at the upcoming UN-Biodiversity Conference in the context of the adoption of the post 2020 Global Biodiversity Framework.
In December 2022, the "Kunming-Montreal Global Biodiversity Framework," which has long been the subject of much controversy, was adopted under the Chinese chairmanship. This forms the new framework for biodiversity conservation, which is intended to initiate a trend reversal against the extinction of biodiversity, for example by setting a target of 30% of the land and marine area under protection. The final text of the Kunming and Montreal Biodiversity Framework is also available online.
Goal C and action goal 13 are important on the subject of access to genetic resources and fair and equitable benefit-sharing: It includes the sharing of benefits both for the use of genetic resources and for digital sequence information and traditional knowledge in connection with genetic resources, andcalls for a significant increase in the Benefit sharing targeted by 2030. For more information on the text and key decisions, see www.cbd.int/article/cop15-final-text-kunming-montreal-gbf-221222.