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Marine Genetic Resources In Areas Beyond National Jurisdiction And Intellectual Property Rights

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Chapter Summary

Marine life is most rich in diversity, with virtually all the phyla currently known represented in the marine environment. Life in the deep ocean has been the subject of sustained scientific, economic and policy interest, especially in the past three decades. This chapter provides the basis for further research aimed at identifying and elucidating significant possible divergences in terminology and underpinning scientific concepts in relation to marine genetic resources in the instruments dealing with intellectual property rights (IPR). The main hypothesis is that, unless issues related to genetic resources are dealt with in a standardised manner by the various competent policy fora, it will be difficult to achieve equitable protection of intellectual property related to these resources. This is so especially for those resources for which there seems to be a legal and policy lacuna, such as the genetic resources of the deep seabed.

Keywords: biodiversity; Budapest Treaty; intellectual property rights (IPR); marine environment; marine genetic resources; national jurisdiction



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