Intellectual Property Rights Beyond National Jurisdiction: Outlining a Regime for Patenting Products Based on Marine Genetic Resources of the Deep-Sea Bed and High Seas
28 Pages Posted: 9 Jun 2011
Date Written: June 2011
This paper examines both the legal status of marine genetic resources located on the deep-sea bed (MGRs) in international law and the legal regime of intellectual property rights (IPRs), specifically drawing attention to patents on inventions that may derive from MGRs’ exploitation. In this endeavor, it analyses the legal status of MGRs at the juncture of three overlapping legal regimes: the Law of the Sea Convention, the TRIPs Agreement, and the Convention of Biological Diversity (including the recently adopted Nagoya Protocol). Against the backdrop of this analysis, the article concludes with the suggestion for an ad hoc regime that manages MGRs and guarantees intellectual property rights.
Keywords: marine genetic resources, intellectual property rights, TRIPs agreement, UN convention on law of the sea, convention on biological diversity
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