Combining Intellectual Property, Trade Secrets, Science and an Ecosystem-Focused Approach

Abbe Brown* (Corresponding Author), Marcel Jaspars* (Corresponding Author)

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

This contribution develops a new approach to benefit sharing in areas beyond national jurisdiction. It has regard to a breadth of relevant legal regimes, sustain- ability, the needs of science, analogies with Farmers Rights and the prospect of increased involvement of the commercial sector. Proposals are made for the benefit sharing regime to cover digital sequences of marine genetic resources; for restric- tions to be imposed on the rights of ip owners and controllers of trade secrets to enable delivery of a balanced approach to benefit sharing; for an open sharing of the results of research cruises; for a pragmatic and deliverable approach to tracing use of marine genetic resources across present and future development pipelines; and for different approaches to be taken to benefit sharing in respect of ecologically sustainable technologies and to encourage their pursuit. The proposals are marked in italics.
Original languageEnglish
Title of host publicationMarine Biodiversity of Areas beyond National Jurisdiction
EditorsMyron Nordquist, Ronan Long
PublisherBrill
Chapter6
Pages97-130
Number of pages34
ISBN (Electronic)9789004422438
ISBN (Print)978-90-04-42241-4
DOIs
Publication statusPublished - 21 Feb 2021

Publication series

NameCenter for Oceans Law and Policy
Volume24

Keywords

  • benefit sharing
  • intellectual property
  • bioprospecting
  • ecosystem-focused approach
  • sustainability
  • marine genetic resources
  • areas beyond national jurisdiction
  • traceability
  • trade secrets
  • science
  • Mare Geneticum

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