Biological Diversity
30 Years supporting advancing multilateral rules for the fair and equitable sharing of the benefits arising from the utilization of biological diversity
By Dr. Viviana Munoz Tellez
South Centre 30th Anniversary Series No. 1, 7 January 2026
Countries are bound through international agreements to advance biodiversity conservation, including by maintaining genetic diversity, to ensure sustainable use of biodiversity and advance both access and fair and equitable sharing of benefits from the utilization of genetic resources and associated traditional knowledge. These obligations are also reasserted in the United Nations (UN) agreed Sustainable Development Goals (SDGs).
There are several international agreements in which these issues are addressed, including the Convention on Biological Diversity (CBD), the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA Treaty), the Agreement under the UN Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ), as well as fora where these issues are debated or negotiated, such as those conducted under the auspices of the World Health Organization (WHO), the International Union for the Protection of New Varieties of Plants (UPOV), the World Intellectual Property Organization (WIPO), the United Nations Environment Programme (UNEP) and the World Trade Organization (WTO).
The South Centre has provided constant support over the years to developing countries in advancing their common interests in this field and ensuring coherence and synergies among the different conventions and negotiations.
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Marine Genetic Resources Beyond National Jurisdictions: Negotiating Options on Intellectual Property
By Siva Thambisetty
Negotiations on marine biological diversity of areas beyond national jurisdiction (BBNJ) convene after a significant hiatus during which intellectual property monopolies have come under intense normative and pragmatic scrutiny. This paper historicises developments in legal arrangements over intellectual property and biodiversity to propose several negotiating options on the control, use and circulation of marine genetic resources of areas beyond national jurisdiction. The text-based options presented here operationalise an equitable approach taking into account the interests of low power groups, cross-cutting issues and the often ignored question of the ownership and use of marine genetic resources through intellectual property rights.
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Digital Sequence Information (DSI) and national measures: approaches and perspectives
By Jorge Cabrera Medaglia
Digital sequence information (DSI, or genetic sequence data) is an emerging aspect of synthetic biology which involves certain functional genetic sequences being shared by different means. The genetic sequences from plants, animals or micro-organisms could be used to support conservation and sustainable use of biological diversity, to develop and commercialize new products and processes, or for other purposes. The regulation of the use of DSI for both commercial and non-commercial entities may have huge implications for the access and benefit-sharing (ABS) regimen established in the international instruments, ongoing processes and regional and national legislation that implement these conventions. International guidance is needed to promote a coordinated approach to secure fair and equitable sharing of benefits while avoiding a negative impact on the non-commercial benefits arising from the genetic data.
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