20. Exploiting Marine Genetic Resources Beyond National Jurisdiction And The International Protection Of Intellectual Property Rights: Can They Coexist?

This chapter examines the international laws and policies governing the exploitation of genetic resources in areas beyond national jurisdiction. Because of the huge costs and advanced technology associated with harvesting marine genetic resources (MGRs) from deep-seabed areas, only industrialized nations have the capability to develop and commercialise these resources. This inequity, coupled with the observation that the commercialisation of genetic resources was not contemplated when the LOS Convention was negotiated, has led the 'Group of 77' (G77) to argue that MGRs in areas beyond national jurisdiction should fall within the common heritage regime. Intellectual property rights (IPR) play a central role in commercializing MGRs. The issues may be resolved amicably through a negotiated agreement that provides royalties to the international community. All parties should gain a better understanding of the trade-offs that each have to make in order to devise a constructive and effective approach to managing these important resources. Keywords: 'Group of 77' (G77); Intellectual Property rights; LOS Convention; marine genetic resources(MGR); national jurisdiction