Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Exploiting Marine Genetic Resources Beyond National Jurisdiction And The International Protection Of Intellectual Property Rights: Can They Coexist?

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter examines the international laws and policies governing the exploitation of genetic resources in areas beyond national jurisdiction. Because of the huge costs and advanced technology associated with harvesting marine genetic resources (MGRs) from deep-seabed areas, only industrialized nations have the capability to develop and commercialise these resources. This inequity, coupled with the observation that the commercialisation of genetic resources was not contemplated when the LOS Convention was negotiated, has led the 'Group of 77' (G77) to argue that MGRs in areas beyond national jurisdiction should fall within the common heritage regime. Intellectual property rights (IPR) play a central role in commercializing MGRs. The issues may be resolved amicably through a negotiated agreement that provides royalties to the international community. All parties should gain a better understanding of the trade-offs that each have to make in order to devise a constructive and effective approach to managing these important resources.

Keywords: 'Group of 77' (G77); Intellectual Property rights; LOS Convention; marine genetic resources(MGR); national jurisdiction



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Law, Technology and Science for Oceans in Globalisation — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation