Establishing a mechanism for the fair and equitable sharing of monetary benefits from the utilization of digital sequence information on marine genetic resources under the BBNJ Agreement

Digital sequence information (DSI) on marine genetic resources generally refers to genetic sequence data—such as DNA and RNA—derived from the genetic sequencing of marine genetic resources. Establishing a monetary benefit-sharing (MBS) mechanism for DSI is a key issue for the current and future implementation of the BBNJ Agreement. This paper will take the 12th paragraph of the preamble of this Agreement, which provides the regulatory objectives of synergistic implementation of the dual objectives, as the methodological basis. After clarifying the dual natures and regulatory logic of DSI, it will focus on the framework, challenges, and pathways for establishing a MBS of DSI under this Agreement. This paper concludes that this Agreement has only established the basic legal framework for the MBS mechanism of DSI, and the Parties will continue to face severe challenges in its implementation. The Conference of the Parties to this Agreement should formulate specific modalities for this mechanism, drawing upon relevant international regimes and national legislative practices.