Abstract
A fair and effective regime regulating benefit-sharing of marine genetic resources (MGR) in areas beyond national jurisdiction (ABNJ) must consider the inclusion of developing states, support scientific research and safeguard investments of the private sector. The present innovative proposal ensures a delicate balance through an approach based on open access, albeit with limitations. Access to MGR in ABNJ is facilitated, but conditional on the public release of collected samples and raw data. Adoption of the open access principle guarantees a powerful form of non-monetary benefit-sharing. The balance is maintained by the option for an extended embargo period, allowing samples and data to be kept confidential for a certain period, against payment to a biodiversity contribution fund. Monetary benefit-sharing, as a sector-negotiated percentage on revenue, could be imposed at the point of product commercialisation, and would offer a tangible payment system with a low transaction cost.
| Original language | English |
|---|---|
| Pages (from-to) | 3-33 |
| Number of pages | 31 |
| Journal | International Journal of Marine and Coastal Law |
| Volume | 33 |
| Issue number | 1 |
| Early online date | 12 Mar 2018 |
| DOIs | |
| Publication status | Published - Mar 2018 |
Funding
* Corresponding author: Thomas Vanagt (e-mail: [email protected]). Arianna Broggiato and Thomas Vanagt are equally contributing first authors. Acknowledgements: This article is a background contribution to the PharmaSea project—Increasing Value and Flow in the Marine Biodiscovery Pipeline—supported by the European Union’s FP7 Programme under grant agreement No 312184. The authors would like to thank Lyle Glowka, Meredith Evans-Lloyd, Matthias-Leonhard Mayer, Chris Lyal, Hiroko Muraki Gottlieb, Julian Jacksons and the referees for their comments on a preliminary draft of their article. Any com-ments expressed by the authors therein must not be attributed to any state, international body or non-governmental organization. published a Recommendation on access to and preservation of scientific information in 201295 encouraging all EU Member States to put publicly-funded research results in the public domain in order to strengthen science and the knowledge-based economy. In 2014 the National Natural Science Foundation of China (NNSFC), one of the country’s major basic-science funding agencies, and the Chinese Academy of Sciences (CAS) announced that researchers they support should deposit their papers into online repositories and make them publicly accessible within 12 months of publication. In 2015, the Deutsche Forschungsgemeinschaft (DFG) adopted Guidelines on the Handling of Research Data, calling for the long-term archiving of research data and OA to it.96
Keywords
- Areas beyond national jurisdiction
- Benefit-sharing
- Biodiversity
- Law of the Sea
- Marine genetic resources
- Open access
- Research
Access to Document
- Mare Geneticum
This is an open access article distributed under the terms of the prevailing CC-BY-NC license at the time of publication. https://creativecommons.org/licenses/by-nc/4.0/
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Embedding intellectual property rights in the UN Marine Biodiversity Beyond National Jurisdiction Process
Brown, A. (Coordinator) & Jaspars, M. (Coordinator)
Impact: Societal