Intellectual property rights

From the report of the BBNJ Preparatory Committee, 31/07/17 :

The text could set out the relationship between the instrument and intellectual property rights.

From the President's aid to discussion, 25/06/18:

Would the relationship between the instrument and intellectual property rights be set out in the instrument? If so, how?

Suggestion 1: Intellectual Property should align with WIPO and TRIPSEdit

Treatment of IPR relating to MGR in ABNJ should align with definitions and standards established by WIPO and TRIPS

References: WIPO Intergovernmental Committee on IP and Genetic Resources, Traditional Knowledge and Folklore; Agreement on Trade Related Aspects of Intellectual Property Rights

Suggestion 2: Sui generis IP regimeEdit

Genetic resources originating in ABNJ are subject to a sui generis IP regime, under which resources are owned in common and licensed for use subject to conditions.


Suggestion 3: Licensing of use of MGREdit

Genetic resources are licensed for specific use. License can carry viral conditions, e.g. for non-commercial use or sharing of benefits.

References: Biobrick Public Agreement

Suggestion 4: MGR from ABNJ is not subject to IPREdit

Genetic resources themselves, as well as associated sequence information cannot be patented. Specific applications or developments of the resources could be patented. All MGR is freely accessible in databases.


Suggestion 5: Disclosure of origin requirements in patentingEdit

Patent applications for inventions involving genetic resources are subject to disclosure of origin requirements to ascertain whether they originated in ABNJ, and if so implement benefit-sharing obligations. IPR authorities serve as checkpoints for the purpose of the agreement.


Also see:Edit