Analysis of the views on “Digital Sequence Information on Genetic Resource” and its legal perspective

Abstract

The COP13 to the Convention on Biological Diversity has started a discussion on whether the utilization of digital sequence information on genetic resources (DSI) was equivalent to the utilization of genetic resources. Parties decided on how to proceed with discussion on DSI issue, without concrete discussion. This paper aims to analyze the views of each Party, using the responses to the notification of the SCBD, and consider the arguments of each country from a legal point of view. As a result, in addition to the interpretation of "the utilization of genetic resources" defined in Article 2 of the Nagoya Protocol, "utilization of genetic resources as well as subsequent applications and commercialization" prescribed in Article 15 of the CBD and Article 5 of the Nagoya Protocol are starting to be mentioned in the context of utilization of DSI. This point means that there is a difference in legal interpretation.