BBNJ Agreement: Considerations for scientists and commercial end users of MGR at research, development and commercialization stages

The research, development and commercialization 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, for which many practical details, including procedures, are yet to be decided by treaty Parties. This chapter 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 Standardized Batch Identifier and data management plans. It compares how the elements and infrastructure may work in practice using six R&D scenarios ranging from an idealized 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 idealized R&D pathways envisaged in the treaty and engage directly with scientists and commercial end users when designing the practical details of implementation.