Viruses for Sale – All Viruses are Subject to Access and Benefit Sharing Obligations Under the Convention on Biological Diversity

Abstract

Viruses are beginning to be regarded as tradeable commodities and samples that were once freely available to researchers are attracting claims of national sovereignty. This article aims to clarify the international regulatory framework that governs the sharing of viruses. It argues that as “genetic resources” viruses sit within the scope of the Convention on Biological Diversity and its associated Nagoya Protocol, forming an imperfect framework for the transfer of viruses between Contracting Parties. The article concludes that the unique nature of viruses may necessitate a new or altered specialised access and benefit sharing instrument. In the meantime, researchers can no longer expect to access virus samples without first negotiating reciprocal benefits.

Keywords: Convention on Biological Diversity, Access and Benefit Sharing, Viruses

JEL Classification: K33, K39