Marine genetic resources within national jurisdiction: Flagging implications for access and benefit sharing and analysing patent trends

Abstract

Due to the current interest of research and business at the international and national levels in marine genetic resources, they are regarded as a new frontier and source for genetic and biochemical information. This article seeks to shed light on selected examples and potential or realised economic value ofmarine bioprospecting for the industry as well as jurisdictional and legal issues in international law over the rights regarding those resources. It will also explore how some countries are starting to regulate access and utilisation in areas within national jurisdiction and introduce some links to their utilisation in patented inventions and implications to patent law. The notes will not cover MGRs in areas beyond national jurisdiction, as this is a regime in the making under a potential new treaty to protect marine resources under the United Nations General Assembly. The note will end on some conclusions on the fact there is a significant interest and increase in the use ofMGRs for bioprospecting purposes, R & D and in terms of patent filing trends.