Immaterialgüter- und Wettbewerbsrecht

Digital Sequence Information between Benefit-Sharing and Open Data

Klünker, IrmaDigital Sequence Information between Benefit-Sharing and Open Data Journal of Law and the Biosciences 9, 2 (2022), 1 - 29 (gemeinsam mit Heiko Richter).

Currently, parties to the Convention on Biological Diversity (CBD) are negotiating a strategic plan to save biodiversity. One crucial element of an agreement is the question of whether and how digital sequence information (DSI) is subject to access and benefit-sharing from the utilization of genetic resources, one main instrument of the CBD. In the EU, the Open Data Directive (ODD) of 2019 and the recently adopted Data Governance Act (DGA) already cover research data and to some extent DSI. An analysis of the ODD and the DGA throws a spotlight on the legal uncertainty of utilizing DSI and reveals systemic tensions between open data principles and benefit-sharing restrictions on non-commercial use. It also suggests that a future benefit-sharing mechanism for DSI should avoid distinguishing between commercial and non-commercial use upstream, but should instead favor a solution, which imposes benefit-sharing obligations further downstream or outside of the DSI life cycle.

External Link (DOI)

Aufsatz - Richter, Heiko_Digital Sequence Information_JLB_2022.pdf

Also published as: Max Planck Institute for Innovation & Competition Research Paper No. 22-11