On 19 December 2022, the parties to the Convention on Biological Diversity (CBD) decided to create a new global mechanism requiring the private sector to pay into a new Global Biodiversity Trust Fund

The new fund is expected to generate up to 15 billion USD per year, based on contributions from companies that “use digital sequence information on genetic resources.”  This is to ensure that companies creating value from biodiversity “share fairly and equitably” the “monetary benefits” that are generated from commercialization of products or processes derived from anything in nature.  These monies will then be spent on halting and reversing biodiversity loss, e.g. human induced extinction of threatened species.

Crucially, the mechanism already exists, and the goal is to have it operational by the start of 2025.  Due to this ambitious time-line, the CBD Secretariat is now soliciting stakeholders’ views by 15 March.  For more info on this new mechanism, please see my blog from December 2022.

I strongly urge the reader to consider submitting views.  I say this from a genuine concern over its potential impact on life sciences R&D.  This new mechanism is essentially a new Nagoya Protocol on Access and Benefit-Sharing (ABS), applicable to “digital sequence information” on biological materials instead of the physical samples themselves.  And the unspoken truth of the Nagoya Protocol is that the societal cost of that mechanism, such as through lost R&D and enormous compliance and transaction costs, has far outstripped any benefits for biodiversity.  If not done well, this new mechanism could have the same consequence for data-driven 21st century science.

The topics that stakeholders are invited to express their views on, are the following:

(a) Governance of the fund;

(b) Triggering points for benefit-sharing;

(c) Contributions to the fund;

(d) Potential to voluntarily extend the multilateral mechanism to genetic resources or biological diversity;

(e) Disbursement of monetary benefits, including information on geographical origin as one of the criteria;

(f) Non-monetary benefit-sharing, including information on geographical origin as one of the criteria;

(g) Other policy options for the sharing of benefits from the use of digital sequence information on genetic resources;

(h) Capacity development and technology transfer;

(i) Monitoring and evaluation and review of effectiveness;

(j) Adaptability of the mechanism to other resource mobilization instruments or funds;

(k) Interface between national systems and the multilateral mechanism on benefit-sharing;

(l) Relationship with the Nagoya Protocol;

(m) Role, rights and interests of indigenous peoples and local communities, including associated traditional knowledge;

(n) Role and interests of industry and academia;

(o) Linkages between research and technology and the multilateral mechanism on benefit sharing;

(p) Principles of data governance.

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Photo of Bart Van Vooren Bart Van Vooren

Bart Van Vooren has a broad life sciences practice supporting innovative pharmaceutical, food, medtech and biotech companies on EU regulatory, commercial and strategic policy assignments. He is widely recognized for his expertise on general EU law and procedure, as well as his extensive…

Bart Van Vooren has a broad life sciences practice supporting innovative pharmaceutical, food, medtech and biotech companies on EU regulatory, commercial and strategic policy assignments. He is widely recognized for his expertise on general EU law and procedure, as well as his extensive litigation experience before the EU Court of Justice in dozens of cases.

Over the past seven years, Bart has developed a niche practice on compliance with the Biodiversity Convention and the Nagoya Protocol, a set of rules to combat bio-piracy worldwide. He has accumulated unique, practical experience in dozens of jurisdictions around the world, and has handled everything from benefit-sharing negotiations, over compliance programs, to inspections by authorities.

Finally, Bart has an active pro bono practice assisting NGOs defending the human rights of persons with a disability through strategic litigation.

During his previous professional career, Bart was a professor of EU law at the University of Copenhagen and published a couple of books with Oxford and Cambridge University Press. His academic swan song was the (now leading) textbook republished in 2020 by his former academic colleagues in 2nd edition: EU External Relations Law, available from Hart Publishing.