Patent Rights In Marine Genetic Resources: Balancing Innovation And Conservation
- IJLLR Journal
- 7 hours ago
- 2 min read
Ronak Sharma, SVKM’s NMIMS, The Kirit P. Mehta School of Law, Indore
ABSTRACT
The biological and ecological assets found in coastal areas and in seas offer extensive possibilities for emerging technologies, they are capable of transforming the biotechnology, pharmacy and many other industries, however, their commercialization brings significant challenges concerning their intellectual property forms, particularly with regard to the possibility of obtaining a patent. International governing treaties such as the UN Convention on the Law of the Sea, The Agreement on Trade-Related Aspects of Intellectual Property Rights, and The Nagoya Protocol do not all have the MGRs in the Areas Beyond National Jurisdiction ABNJ as their primary focus and therefore these areas are gaps that are not well governed within existing treaties. It is these gaps that can create interrelations and disputes on what kind of patent protection ought to be provided to marine organisms that have undergone some form of human changes. As it stands, some existing patent laws seek to provide frameworks for all, which may unintentionally create situations where access to vital genetic information is restricted, undermining as a whole further research and development that is aimed at building sustainable development. The Biodiversity Beyond National Jurisdiction BBNJ is set to fill in the gaps by clearly defining the governance of access, benefit sharing, the protection of intellectual property, and other relevant areas of marine genetic resources. It is expected that this new legal framework will lead to changes in the intellectual property policies of other bodies like WIPO and WTO. These changes would seek to make the balance of exercising IP laws, enforcement of innovation, and marine life protection more effective.
Altering these legal tools is necessary for ensuring that the advantages resulting from MGRs are both protected and properly divided. The development of the legal framework for MGRs will not only promote science but will also enable sustainable governance of the oceans. This calls for cooperation between legal and scientific disciplines and economists to create an integrated system that encourages innovation while conservatively managing the world’s marine resources.
