Conceptual And Legal Framework Of Intellectual Property Rights In Marine Resources
- IJLLR Journal
- Jan 28
- 2 min read
Abhishek Johnson, LL.M in Intellectual Property and Trade Law, School of Law, CHRIST (Deemed to be University), Bengaluru
Dr. Valarmathi R, Professor, School of Law, CHRIST (Deemed to be University), Bengaluru
ABSTRACT
Marine Genetic Resources (MGRs) are in a significant yet ambiguous position, positioned between ocean governance, biodiversity law, and Intellectual Property Systems. Advances in Science and Technology enabling marine biotechnological research have allowed us to obtain considerable pharmaceutical, industrial and commercial value from the genetic materials provided by marine plants and animals, especially from marine organisms found at extreme depths and in harsh conditions. The current legal framework for access, ownership, and sharing of benefits fails to embrace all MGRs. The purpose of this paper is to explore the legal and theoretical basis of the governance of MGRs, with emphasis on how the UN convention on the Law of the Sea (UNCLOS), the Convention on Biological Diversity (CBD), the Nagoya Protocol and the Agreement on Biodiversity Beyond National Jurisdiction (BBNJ), interact to govern MGRs. UNCLOS does provide jurisdictions for certain countries; however it does not provide a complete framework for regulating genetic resources found outside of National Jurisdictions (high seas). While the CBD and Nagoya Protocol provide for Access to genetic resources and Benefit Sharing from such Access; they are only applicable for areas within the Jurisdiction of states. The BBNJ Agreement provides a significant advancement in the way that Access and Benefit Sharing will apply to Areas Beyond National Jurisdiction (ABNJ) however it has not addressed the issue of intellectual property rights and enforcement of ABNJ agreements. Another issue also discussed in the article is the increasing importance of Digital Sequence Information (DSI), which poses a threat to the traditional benefit sharing models of access based by allowing an innovation without access to marine samples. It critically appraises the patent practices with reference to MGR-derived inventions in which there exist issues regarding biopiracy, non-disclosure and championing inequality in distribution of benefits. The article claims that there should be a moderate regulation strategy that would coordinate the incentives of innovation with conservation, transparency, and international equity.
Keywords: Marine Genetic Resources, Intellectual Property Rights, Access and Benefit Sharing, Bio piracy, Digital Sequence Information.
