BBNJ Agreement: Considerations for Scientists and Commercial End Users of MGR at Research, Development and Commercialisation Stages

The research, development and commercialisation pipeline for accessing, using and sharing marine genetic resources (MGR) of areas beyond national jurisdiction (ABNJ) is highly varied and complex. Equally complex is the governance framework under the 2023 agreement on the conservation and sustainable use of marine biological diversity of ABNJ (the ‘BBNJ’ Agreement), for which many practical details, including procedures, are yet to be decided by treaty Parties.

In general terms, all actors involved in acquiring, storing and utilizing MGR or associated Digital Sequence Information (DSI) and Traditional Knowledge (TK), including academia, government and industry, need to understand BBNJ Agreement obligations and comply with the laws of the Parties that implement them. Given that there are practical aspects of the framework that are yet to be determined by the Conference of the Parties (CoP), this will require proactive development of procedures and systems to compile, curate and provide necessary information to Parties, including data management plans and the BBNJ Identifier, when undertaking activities regulated under Part II. It is likely that this information will be provided at the first instance to the Party that has jurisdiction or control over the relevant activity, but there may be opportunities for directly sharing information with the Clearing House mechanism (CHM).

This presentation draws from real world examples to analyse ways in which current scientific practice is supported or challenged by framework elements, including notification, monitoring and benefit sharing systems and associated infrastructure such as the BBNJ Standardised Batch Identifier and data management plans. It compares how the elements and infrastructure may work in practice using realistic research and development (R&D) scenarios ranging from an idealised linear pathway to more complex pathways involving automation, sequence information and traditional knowledge associated with MGR in different geographical and temporal scales. For an efficient and ‘future proofed’ framework that supports innovation and fulfils treaty objectives, it is proposed that treaty bodies and policy makers need to look beyond the idealised R&D pathways envisaged in the treaty and engage directly with scientists and commercial end users when designing the practical details of implementation.

The BBNJ Agreement presents a linear vision of science which belies many inherent complexities. It is crucial that the R&D process for MGR is not imagined as a linear progression where such work would automatically result in commercialisation. Most R&D pathways are non-linear with many side branches that may be abandoned or pursued, iterative loops and long breaks in the process. Often several research threads are pursued in parallel, and the intended application is completely changed between the start and end of the process. Although many existing research practices are consistent with the notification and information sharing requirements, many challenges arise for non-linear scenarios, including utilizing MGR and DSI from collections prior to the BBNJ Agreement, complex uses of multiple DSI, automation in collection and use, change of use from harvest fisheries to R&D and access and use of TK associated with MGR of ABNJ.