Intellectual property rights
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]
- 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