A circular bio-economy approach to regulating genetic resource research: rethinking access and benefit sharing

Access and benefit sharing (ABS) regulates the collection and use of genetic resources, associated traditional knowledge and in some cases digital sequence information for research and development (R&D) purposes and the equitable sharing of monetary and non-monetary benefits from their use. Global examples of benefit sharing have fallen short of expectations under this framework and there is little empirical data about the effects of regulation on bio-innovation. This article argues that the limited ABS tools of authorization and contracts are not effectively delivering benefit sharing aspirations because of the disconnect between linear assumptions underlying genetic resource R&D. Through a critical legal analysis of ABS, circular economy principles and legal mechanisms, it rethinks ABS governance to propose a new circular bio-economy system for more efficient benefit sharing. It proposes a pathway for transforming the linear 'single use' regulatory model toward a generative value chain model, supported by a range of legal tools that facilitate long-term benefit sharing for the planet and its people.