Intellectual property rights

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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 TRIPS[edit | edit source]

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 regime[edit | edit source]

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 MGR[edit | edit source]

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 IPR[edit | edit source]

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 patenting[edit | edit source]

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 | edit source]