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Digital Sequence Information between Benefit-Sharing and Open Data.

Irma Klünker1, Heiko Richter2

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Summary

Negotiations on saving biodiversity and digital sequence information (DSI) access and benefit-sharing are ongoing. EU data laws create legal uncertainty, suggesting benefit-sharing should occur downstream, not by restricting non-commercial use.

Keywords:
Data Governance ActDigital Sequence InformationGenetic InformationNagoya ProtocolOpen DataOpen Data Directive

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Area of Science:

  • Biodiversity conservation law
  • Digital sequence information (DSI) regulation
  • Open data policy

Background:

  • Parties to the Convention on Biological Diversity (CBD) are negotiating a strategic plan for biodiversity conservation.
  • A key issue is the regulation of digital sequence information (DSI) under access and benefit-sharing (ABS) from genetic resources.
  • European Union (EU) legislation, including the Open Data Directive (ODD) and Data Governance Act (DGA), impacts DSI utilization.

Purpose of the Study:

  • To analyze the legal implications of the ODD and DGA on DSI utilization.
  • To identify tensions between open data principles and ABS restrictions.
  • To propose a framework for future DSI benefit-sharing mechanisms.

Main Methods:

  • Legal analysis of the EU's Open Data Directive (2019) and Data Governance Act.
  • Examination of existing access and benefit-sharing frameworks under the CBD.
  • Comparative study of open data policies and biodiversity regulations.

Main Results:

  • The ODD and DGA create legal uncertainty regarding DSI utilization.
  • Systemic tensions exist between open data principles and ABS restrictions on non-commercial use.
  • Current EU legislation does not fully resolve DSI access and benefit-sharing challenges.

Conclusions:

  • Future DSI benefit-sharing mechanisms should avoid upstream distinctions between commercial and non-commercial use.
  • Benefit-sharing obligations should be implemented downstream or outside the DSI lifecycle.
  • A revised approach is needed to reconcile open data principles with biodiversity benefit-sharing goals.