Genetic resources are, above all, information: perspectives from law, biology and economics

The Convention on Biological Diversity (CBD) and the Nagoya Protocol (NP) regulate access and benefit-sharing (ABS) regarding genetic resources. However, the Parties disagree on the scope of the expression “genetic resources,” a concept standing at the heart of this international regime. The increasing utilization of Digital Sequence Information (DSI) has exacerbated controversy. Ultimately, the rights and obligations of the Parties hinge on a shared understanding of what “genetic resources” are. This paper explores the concept of “genetic resources” from legal, biological, and economic perspectives and the various possible interpretations of the expression “genetic information.” Genetic resources are genetic information. The term “information” can convey three meanings: information for reality, information about reality, and data. Whether genetic resources are understood as information or data will depend on the context under analysis. In some scenarios, categorizing biological facts as either information or data may pose challenges. The expression “genetic data” would be most appropriate for denoting the intangible aspect of genetic resources in the framework of the DSI debate. In turn, “genetic” can also refer to different aspects of biological facts. Consistency with the NP requires an interpretation of the expression “genetic data” that encompasses data on the genetic and biochemical composition of genetic resources. If Parties to the CBD and NP acknowledged and agreed that genetic resources are information and distinguished the different denotations of the term “information,” meaningful solutions to DSI and the puzzle of the concept of “genetic resources” could be achieved.