Lessons from Writing Binding and Enforceable ABS Contracts. A Contract Solution to Digital Sequence Data in ABS

In Chege Kamau, E. (ed), Global Transformations in the Use of Biodiversity for Research and Development. Springer, 2022, pp. 621-635

This chapter gives a summary of long developed theoretical and practical analysis of how functional contracts regulating biological resources in research and development can be drafted. The overall perspective is how to use contract language with precision to capture what is happening in biotechnological research. A core challenge is how to draft the subject matter of the contract to capture the value of biological samples. The aim is to contribute to well-working non-monetary benefit-sharing, which is often referred to as the most important part of ‘access and benefit-sharing’. It outlines basic guidance on how to draft a contract that has been neglected in drafting ABS contract. Applying these ‘golden rules’ of contract drafting will increase precision and thereby the chance of achieving the objectives of the contract. Also the text outlines proposals for a contract-approach to the challenge of digital sequence data.