System construction for sui generis right of digital sequence information on genetic resources in China

Digital sequence information on genetic resources plays an increasingly vital role in research on improving crop yields and reducing impacts of disease. However, there are still problems such as the imperfect rights' protection system, which hinders the protection and sustainable use of genetic resources and constrains the realization of the fair and equitable benefit-sharing objectives established by the Convention on Biological Diversity. To address these issues, we first define the connotation and legal nature of digital sequence information on genetic resources. Then, we elaborate how digital sequence information on genetic resources aligns with the modern intellectual property systems. For digital sequence information on genetic resources to be protected by intellectual property rights, we analyze the substantive conditions of novelty and practicality as well as the procedural conditions of registration. Building on this analysis, we identify the limitations of existing intellectual property frameworks in accommodating digital sequence information on genetic resources, and propose a normative structure of sui generis right of digital sequence information on genetic resources. The subjects of sui generis right are divided into two levels, i.e. static right attributed to the state, and dynamic right exercised by the farmer collective of specific communities and the uploaders of digital sequence information, exercising respectively in accordance with different functions. The contents of sui generis right include the informed consent right, the source indication right and benefit-sharing right based on licensing. Furthermore, we propose to establish the limitations on sui generis right, such as restriction on scope of application, compulsory licensing and protection periods. This framework established here is of great significance for achieving the balance of rights and interests, promoting innovation in plant breeding and protecting genetic diversity.