Call for the Development and Transfer of Marine Science and Technology: Policy Memorandum to the International Seabed Authority

Abstract

The international seabed, also known as the Area, consists of the seabed, ocean floor, and subsoil thereof beyond the limits of any national jurisdiction, and is governed by the International Seabed Authority. Under the United Nations Convention on the Law of the Sea, the Authority has a prescribed function to acquire scientific knowledge and monitor the development of marine technology. However, a recent review report prepared by the Seascape Consultants on the organization’s operation indicated that “the previous lack of engagement by the Authority in managing and encouraging the sharing of environmental data … [was] a missed opportunity, which has led to much greater efforts being required to fill gaps in knowledge.” The review report also pointed out that the Authority had not carried out any significant work to monitor the development and transfer of marine technology relevant to activities in the Area. Drawing on analysis of the current legal framework and its implementation, this memo outlines challenges in the development and transfer of marine science and technology, and suggests that the Authority could develop a technology diffusion process that would include both patent licensing and research data sharing arrangements. It could cooperate with states and other organizations to implement the process, thereby achieving better governance of the Area and its resources.

Keywords: International Seabed Authority, Technology Transfer, Patent Licensing, Research Data Sharing

JEL Classification: K33, K23, K32