Overview
After several years of informal discussions and formal negotiations, the 15th Conference of the Parties to the Convention on Biological Diversity (CBD) in December 2022 decided to establish, as part of the Kunming-Montreal Global Biodiversity Framework (KMGBF), a multilateral mechanism for benefit-sharing from the use of digital sequence information on genetic resources (DSI), including a global fund.
COP 15 further agreed to a time-bound process to develop the multilateral mechanism, for finalization at COP 16.
In February 2024, benefit-sharing on the use of DSI through a multilateral system has also been adopted as part of the Agreement under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ).
Further, multilateral benefit-sharing arrangements are under discussion in the World Health Organization (WHO) in the context of the negotiations of the Pandemic Accord and reform of the International Health Regulations (IHR), as well as in the Food and Agricultural Organization (FAO) in the context of the revision of the International Treaty for Plant Genetic Resources for Food and Agriculture (ITPGRFA) and the work of the Commission on Genetic Resources for Food and Agriculture (CGRFA).
To understand the current debates on the topic of DSI, we first need to look at the principles of life on earth. As many will know from their biology classes, every human body, every animal, every plant and every living being carries an internal construction plan in form of a genetic code called deoxyribonucleic acid, short DNA inside them. The information stored in the sequence of nucleotides as building blocks of the DNA is translated into proteins which are the main drivers of the body’s metabolism, the main building block of the body organs, the nervous system and more. The information stored in the DNA has a big impact on what we look like, our development growth, reproduction, and functions, just like it does for every other living being.
While the CBD negotiations on DSI or the BBNJ Agreement do not (yet) provide for a definition of the term DSI, the WHO in one of the draft versions of the Pandemic Treaty defines a subset of DSI, the Genomic Sequence Data, as “the order of nucleotides found in a molecule of DNA or RNA”. In general, it is assumed that DSI refers to data and information derived from molecules that are characterised by a sequential structure of a specific set of building blocks. This specific sequence embodies information that triggers defined activities of this molecule in driving and regulating cellular functions. Examples are DNA, RNA, and proteins (with their distinct sequence of nucleotides or amino acids, respectively).
Based on Houssen et al. (2020), Digital Sequence Information on Genetic Resources: Concept, Scope and Current Use, CBD/DSI/AHTEG/2020/1/3
After the human genome project was initiated in 1984, it took scientists 20 years to publish the entire sequence of the human genetic code, going through a time-consuming and costly process. Science has progressed rapidly since then and it is now a lot easier to unravel the genetic information contained in living organisms. The progress of biological science is strongly linked to the invention and accessibility of the internet, the so called “big data”, and advances in computer science in general. These parallel developments enabled a much faster and quicker sequencing, storing, and sharing of biological data.
Nowadays, biological researchers from all around the world can quickly and easily access genetic codes via journal repositories and private and public databases, where sequenced information of DNA and proteins is stored. This means that it is in many cases no longer necessary to collect a physical specimen and to travel to different countries and regions where the biological resource originates to undertake research at the genetic level.
The information stored in databases can be used for many different purposes in biological sciences, e.g., for diagnosing diseases and pests, identifying microorganisms, adapting crops for climate change, food quality control or protecting endangered species and many more. One prominent example of the scientific benefits of DSI is the sharing of a “digital copy” of the Coronavirus SARS-CoV-2. It enabled researchers from all over the world to start developing vaccines, even before the biological material had reached their shores.
In fact, the sequencing of genetic information became such a common practice in all fields of biological sciences that it led to an enormous amount of information being generated and stored every day. One of the main databases for DSI is administered by the European Bioinformatics Institute (EMBL-EBI) with an influx of data that is growing faster than the ability to store and process it. The EMBL-EBI not only stores its data, but also synchronises the data in daily routines with two other databanks: the DNA Data Bank in Japan and the GenBank hosted by the National Center for Biotechnology Information in the US. Together they form the International Nucleotide Sequence Database Collaboration sharing an open and free access policy. The databanks also offer the possibility to add more (descriptive) information to an individual dataset of a gene sequence, the so-called labelling or metadata. Meanwhile, it is mandatory to name the country from which the genetic resource originated which DSI is uploaded to the databank.
Digital Sequence Information on Genetic Resources
The bilateral ABS mechanism foreseen in the Nagoya Protocol applies when researchers physically collect a genetic resource and sequence its genetic information for R&D. The providing country regulates the utilization of DSI in the ABS-contract which includes an agreement with the user on fair and equitable sharing of the benefits. The problem lies in passing these contractual obligations to the next user. Typically, DSI is uploaded into international databases for access by other users, but the databanks do not allow the uploading of related ABS contracts. But even if they did, complete genomes or other big data sets would make it literally impossible to comply with potentially dozens or hundreds of contracts.
With decision 15/9 of the CBD, a multilateral system for DSI benefit-sharing will be established which will operate in parallel to national bilateral ABS-systems. The future triggers for multilateral benefit-sharing will very likely be decoupled from access to DSI in databanks but instead relate to certain elements of its use and commercialization.
With a series of technical webinars and informal policy dialogues the ABS Initiative and its partners are supporting the formal negotiation process. These events and several information tools enabled a more substantial understanding of DSI and fostered a constructive dialogue between CBD parties and stakeholders on solutions for DSI related to benefit-sharing.
More information on ABS here.
The large amount of open data mentioned above is mainly used by researchers for non-commercial activities but private companies also use the data from open-source databases to optimize sequences used for product development. This can be done by searching and comparing thousands of related sequences and, ultimately, identifying those responsible for the desired traits of a product in development. Companies from predominantly developed countries are using information accessed via opensource databanks for innovative products and seek intellectual property protection for their sometimes highly profitable inventions, including vaccines, beauty, and nutraceutical products. Biodiversity-rich countries “owning” the genetic resource from which the digital sequence information was initially taken from, do not yet profit in terms of benefit-sharing agreements which could contribute to the sustainable use and conservation of biodiversity as foreseen under the Nagoya Protocol. Therefore, many Parties to the CBD criticize the use of DSI based on the absence of benefit-sharing obligations and the equitable sharing of benefits arising from the utilization of DSI.
Indisputably, the sharing and availability of biological data has many advantages from a research perspective. Therefore, researchers generally welcome open-access databanks. They argue that DSI has become so important and indispensable for modern sciences and biotechnological innovations that its use should not be regulated. Many fear that breakthrough innovations potentially resulting in societal benefits could be negatively affected. Some also argue that open access to DSI constitutes sufficient benefit-sharing, even though developing countries rich in biodiversity often lack the capacity to use DSI and therefore cannot benefit from it in the same way. Many developing, and biodiversity-rich countries acknowledge the potential benefits of open access to DSI but argue that these benefits do not justify the exclusion of benefit-sharing obligations. The African Group – a term used to describe the representatives of African countries defending their joint interests - uses patent protected innovations as an example to illustrate their position. Patent protected inventions may benefit society but patent owners are in control of who could use the invention and for which purposes. They are under no obligation to share benefits with the providing country while they are financially rewarded when others use their invention.
With the decision 15/9 of the CBD, member states and also stakeholders agreed to a set of policy decisions related to benefit-sharing on the use of DSI:
- benefits from the use of DSI should be shared fairly and equitably;
- monetary and non-monetary benefits arising from the use of DSI should, in particular, be used to support conservation and sustainable use of biological diversity and, inter alia, benefit indigenous peoples and local communities; and
- as part of the Kunming-Montreal Global Biodiversity Framework, a multilateral mechanism for benefit-sharing from the use of DSI, including a global fund, shall be established.
The ABS Initiative produced a short, animated video clip explaining the issue of digital sequence information on genetic resources (DSI) and illustrating its importance for the CBD’s three objectives. It explains the concept of DSI and describes how DSI is being generated, used and stored.
Further Information
Global DSI Dialogues
Since 2019 the ABS Capacity Development Initiative (ABS Initiative) is organising informal global dialogue meetings of negotiators and stakeholders with a view to support the understanding of specific positions and to discuss potential areas of convergence and divergence in the global negotiation process under the CBD to ensure benefit-sharing from the use of DSI. Focus of the meetings is closely coordinated with the Secretariat of the CBD and the respective Co-Chairs of the relevant negotiating bodies of the CBD dealing with DSI.
All Dialogues are held under the Chatham House Rule, which states that "participants are free to use the information received during the meetings, but neither the identity nor the affiliation of the speaker(s), nor that of any other participant, may be revealed." An implication of this rule is that all participants attend the Dialogues in their personal capacity, speaking from their own perspective and not as representatives of a specific country, organisation, or stakeholder group.
Informal Retreat - 2023-10 (The Hague)
With the Kunming-Montreal Global Biodiversity Framework (GBF) adopted by CBD COP 15 and Decision 15/9 on DSI a multilateral mechanism for sharing the benefits from the use of DSI is to be established in a time-bound process by COP 16.
Therefore, the overall objective of the Retreat was to reflect on various options for such a multilateral mechanism, including a global fund, thereby assisting preparations for the first meeting of the Ad Hoc Open-ended Working Group on Benefit-sharing from the Use of Digital Sequence Information on Genetic Resources.
Discussions focused on the practical implications of possible multilateral systems on
- Global public goods
- Research and innovation
- Non-monetary benefits, transaction costs, and monetary benefits
- IPs & LCs
In addition, participants reflected about the relationship between DSI related benefit-sharing mechanisms being established or negotiated under different international fora (CBD, FAO, WHO, UNCLOS) and collected practical ideas to ensure capacity development in a multilateral benefit-sharing system form the use of DSI.
Informal Exchange and Retreat - 2022-11 (The Hague)
At a time where negotiations on benefit-sharing from DSI on genetic resources were approaching CBD COP 15 in December 2022, it was crucial to gather inputs for negotiators from public and private sector users, as well as other relevant stakeholders. Therefore, the ABS Capacity Development Initiative (ABS Initiative) organised back-to-back meetings for academic and commercial DSI users of different sectors (the Informal Exchange) and for negotiators (the Informal Retreat) with a relay session in-between.
The overall objective of the Informal Exchange was to promote a deeper mutual understanding of perspectives among global academic and commercial DSI users of different sectors and elaborate key messages for negotiators. Besides DSI users from the public and private sectors covering more than 20 countries from all world regions a small number of renowned DSI experts and representatives of IPs&LCs.
The overall objective of the Informal Retreat was to promote a deeper mutual understanding of different perceptions, interests, and concerns regarding a potential future DSI system. In addition to key global negotiators, a small number of recognised DSI experts and representatives of IPs&LCs were invited to support the Retreat by contributing knowledge and perspectives.
Report on the Exchange:
Report on the Retreat:
2nd Global DSI Dialogue - 2021-07 (virtual)
The 2nd Global Dialogue on DSI brought together more than 80 participants from a total of 45 countries. Invitations had been extended to representatives of parties to the CBD, to DSI experts from various regions, and to a variety of other stakeholders from groups such as IPs&LCs, NGOs, non-commercial research, and industry. Discussions focused on the current reality, the desired state and change required regarding benefit-sharing from the use of DSI and facilitated access to DSI not disrupting R&D.
In order to accommodate the very large span of time zones, the Dialogue was split into three main parts over a period of three weeks, starting and ending with a global plenary and with three regional webinars in-between, for Asia/Pacific, Africa/Europe and the Americas.
An open global reflection webinar with more than 230 participants concluded the 2nd Dialogue to inform a broader set of Parties and stakeholders and reflect about the outcomes of the Dialogue. Areas of convergence and divergence were identified and points of further consideration were presented and discussed.
Recordings of the open reflection webinar:
1st Global DSI Dialogue - 2019-11 (Pretoria)
The 1st Global Dialogue on DSI was held in November 2019 in Pretoria. It hosted 65 participants from 27 countries, including policy makers, negotiators, and government advisors, as well as practitioners involved in the generation, distribution and/or use of DSI and other experts familiar with the related issues. The two-and-a-half-day meeting focused on exchanging technical information as well as understanding the views, priorities, and expectations of the other participants. The two main outputs of the meeting:
- Five basic options for policy models that might govern the future use of DSI, and
- A draft list of 'points for consideration' to assess any policy model under discussion.
DSI Webinars
The webinars focus on technical aspects of digital sequence information (DSI) and aim to support the science-policy process agreed at CBD COP 14 and the further negotiation process for the establishment of the Multilateral Mechanism for Benefit-Sharing agreed at CBD COP 15.
Governance issues related to the role of IPLCs in the future DSI multilateral system - 2023-07-05
COP 15 adopted the Kunming-Montreal Global Biodiversity Framework (GBF), which includes the fair and equitable sharing of benefits from the use of DSI, genetic resources and associated traditional knowledge and emphasises the pivotal role of indigenous peoples and local communities (IPs&LCs) as custodians of biodiversity and beneficiaries.
The two panel discussions focused on the following governance related questions:
- Data governance
- Governance of the Multilateral DSI System
- IPLC governance 'on the ground'
Webinar recordings:
Webinar report and presentation:
Consideration of DSI in the CBD and other UN Fora - 2023-04-28
This webinar was designed to take stock of recent decisions and ongoing negotiations on DSI in different fora such CBD, UNCLOS BBNJ, WHO and FAO. After an introductory presentation, a panel of experts would offer insights on the implications of decisions made and consider the prospects for implementing a set of global governance mechanisms for information-based research and development, in particular regarding the following questions:
- How to deal with non-monetary benefits in a multilateral system?
- How to organise monetary benefit-sharing?
- How to link capacity development to the DSI system?
- How to realise a DSI system that spans the different international fora?
Webinar recordings:
Webinar report and presentation:
A performance matrix for assessing policy options for DSI benefit-sharing - 2022-06-08
In the webinar possibilities for exploring opportunities and challenges, as well as benefits and limitations of using the multi-criteria performance matrix presented to the Open-Ended Working Group 3, were presented and discussed.
The focus of the event was on the matrix methodology – not the actual assessment of policy options. A panel of four international experts exchanged experiences and discussed insights from filling the matrix and sharing the results amongst each other.
Webinar recordings:
Webinar report and presentation:
DSI on genetic resources: New Studies on potential approaches to ABS - 2022-02-23
To stimulate fresh thinking ahead of the 3rd meeting of the Open-Ended Working Group on the Post-2020 Global Biodiversity Framework this webinar focused on three new studies outlining potential ABS approaches relevant to DSI.
A summary of the main findings from the studies was presented, followed by a panel discussion and an opportunity for questions from the audience.
Webinar recordings:
Webinar presentation and report:
Further study on the topic:
The report of the informal Co-Chairs’ Advisory Group on DSI (DSI IAG) - 2021-12-14
Established at the 3rd session of the Open-Ended Working Group on the Post-2020 Global Biodiversity Framework, the DSI IAG held four working meetings, aimed at assisting the OEWG Co-Chairs in conducting informal consultations on DSI.
The report of the four DSI IAG meetings contains:
- a proposed multi-criteria analysis framework for evaluating DSI policy options
- a co-leads’ summary of the discussions on potential convergences and apparent divergences
- proposals for potential further work before COP 15
In this webinar the report of the DSI IAG is presented, followed by a panel discussion with opportunities for questions and comments from the audience.
Webinar recordings:
Webinar report and presentation:
Traceability of digital sequence information on genetic resources (DSI) - 2021-11-02
The first formal discussions on DSI in the context of the Post2020 Global Biodiversity Framework took place at OEWG 3.1 and will be continued by the Co-chairs’ Informal Advisory Group on DSI (DSI IAG) before the face-to-face negotiations planned for Geneva in January 2022. One main topic raised in the discussions dealt with the traceability of DSI. In the context of the bilateral ABS model of the Nagoya Protocol, traceability was regarded by some participants as essential to ensure sharing the benefits arising from the use of DSI with providers. But it was also mentioned that approaches to track and trace the use of DSI would pose significant administrative tasks for databanks and researchers without substantial benefit sharing in many cases. Participants also noted that multilateral approach for DSI benefit sharing would reduce the need for traceability.
Webinar recording:
Webinar report and presentation:
The interplay between Open Science, open access to data, database terms and conditions, and potential options for tracking and tracing - 2021-10-13
The first formal discussions on DSI in the context of the Post2020 Global Biodiversity Framework took place at OEWG 3.1 and will be continued by the Co-chairs’ Informal Advisory Group on DSI (DSI IAG) before the face-to-face negotiations planned for Geneva in January 2022. At this stage one of the main divergences appears to be between those who value open access to DSI above all else, and those who believe that ensuring benefit-sharing from the use of DSI would require terms and conditions (T&Cs) and/or tracking and tracing of DSI use (e.g. through metadata tags identifying the provider country and/or IPs&LCs holding aTK). To resolve this divergence, this webinar served as a factual and open exchange of views on the feasibility, practicalities, costs, benefits and legal implications of following either of these approaches, including whether and where a possible middle ground could be found.
Webinar recordings:
Webinar report and presentation:
Contribution of DSI in the development of commercial applications - 2021-06-16
One of the key topics in the international discussions around DSI is sharing the benefits of commercial utilization and products based on DSI. To increase common understanding the webinar looked at ways in which DSI is accessed and used for commercial purposes, discussed the intellectual property aspects of commercial DSI use, and examined potential benefit sharing options for specific examples of products using DSI.
Webinar recordings:
Webinar report and presentations:
Assessing capacity development needs for the use of DSI - 2021-06-02
The general importance of developing additional technical, human and institutional capacity, especially in developing countries, to generate and use digital sequence information is widely acknowledged in the discussions around DSI. But what would this mean in practice? Who will provide it, who will receive it, who will pay for it? How does this relate to wider capacity development and technology transfer measures under the CBD and its Protocols? And what role can capacity development play in sharing the benefits arising from the use of DSI? All these questions are addressed in the webinar.
Webinar recordings:
Webinar report and presentations:
The Role of IPLCs and associated traditional knowledge in the DSI debate - 2021-05-05
The objective of this webinar was to make everyone aware of how key DSI issues are relevant for and affect indigenous peoples and local communities (IPs&LCs) and traditional knowledge. The science- and policy-based process on DSI agreed at CBD COP 14 did not yet specifically address this important topic.
Webinar recordings:
Webinar report and presentations:
Reflection on the co-chairs panel: Discussion on potential criteria for assessing DSI policy options - 2021-03-24
The objective of the webinar was to identify landing zone(s) for safeguarding DSI flow and the sharing of benefits. It served as an informal start to evaluating policy options for consideration of stakeholders and Parties. Under authority of the OEWG co-chairs, a series of six policy options had been formulated by the SCBD based on works of several experts and stakeholders as a way of organizing thinking around DSI.
After an introductory presentation five international experts from academia, having extensively worked on technical and legal aspects related to DSI production, storage, use and management discussed potential criteria that could be used to assess the DSI policy options.
Webinar recordings:
Synthesis report on the webinar:
Understanding DSI 2020-12-01
In collaboration with the ABS Initiative, the Secretariat of the Convention on Biological Diversity offered a global webinar series and online discussion forum to share information related to DSI. This informal process was organized by the co-chairs of the Open-ended Working Group on the Post-2020 Global Biodiversity Framework with the support of the Secretariat to facilitate broader understanding and exchange of ideas among parties and stakeholders and to foster a common understanding of DSI and its importance and linkages to:
The webinar “Understanding DSI” was organised by the ABS Capacity Development Initiative as an introduction to the series focusing on the exchange of technical information regarding DSI. It did not serve as a platform for negotiations, or understanding different views or questions related to the scope of DSI or regulatory options.
Webinar recordings:
Webinar presentation:
Further information and webinars are available on the CBD website:
Guidance on DSI and ABS
In this section you will find general information documents on DSI and ABS published by the ABS Initiative.
Points to consider when assessing policy options for DSI - Above is a short video on key outcomes elaborated at an informal global experts dialogue on DSI provided with a view to support the science-policy process on DSI.
Science Policy Dialogue
Scientists represented at the first meeting of the Open-ended Working Group (OEWG) on DSI of the CBD in November 2023 in Geneva urged negotiators to coordinate within their government to ensure that future DSI benefit sharing systems adopted by the various international fora go hand in hand. There is a need for scientists working with DSI, and science and ABS policy makers involved in related work, to exchange views on potential ways forward in both the development of the multilateral DSI benefit-sharing system and in the use of DSI within scientific institutions as well as in international research cooperation projects in the short, medium and longer terms. The Science-Policy Dialogues will bring together various actors to support the development of an effective multilateral DSI benefit-sharing mechanism.
Virtual Informal Asia-Pacific Regional Science-Policy Dialogue on DSI on Genetic Resources - 2024-08
Recording of the Virtual Informal Asia-Pacific Regional Science-Policy Dialogue on DSI on Genetic Resources:
Report on the Virtual Informal Asia-Pacific Regional Science-Policy Dialogue on DSI on Genetic Resources:
First African Science-Policy Dialogue on DSI - 2024-04
Report on the First African Science-Policy Dialogue on DSI:
Webinar "Reflecting on the First African Science-Policy Dialogue on DSI” Recordings:
Webinar “Reflecting on the First African Science-Policy Dialogue on DSI” Report: