79th WHA Individual Statements
Negotiations have obviously stalled on the issues of access and benefit sharing, related to physical samples and digital sequence information on novel pathogens.
It is our view that negotiators should consider new approaches, including some features of the benefit-sharing agreement in the new law of the sea treaty, for areas beyond national jurisdiction.
In that agreement, governments take responsibility for the enforcement of benefit-sharing, and the triggers for benefit-sharing are down-stream, on the filing or patents or the registration or sale of products.
Also, when considering the terms that may be associated with access to digital sequence information, consider the legal interoperability with other legal obligations that researchers face.