Intellectual property rights
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.
- Scope - Marine Genetic Resources, including benefit sharing
- Access and Benefit Sharing of Marine Genetic Resources
- Monitoring of the utilization of marine genetic resources of areas beyond national jurisdiction