Your browser does not support the NLM PubReader view.

Go to this page to see a list of supporting browsers.
KMI International Journal of Maritime Affairs and Fisheries
Korea Maritime Institute

KMI Int. J. Marit. Aff. Fish. 2018; 10(2):1-12

pISSN: 2005-9795

DOI: https://doi.org/10.54007/ijmaf.2018.10.2.1

Article

Legal Analysis on the Access and Benefit-sharing of Marine Generic Resources with a Draft Text of an International Legally-binding Instrument under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (resolution 69/292) and Convention on Biological Diversity : Intellectual Property

Ayoung Kim*
*Ayoung Kim, US Attorney at law, Washington D.C., Multlateral Fisheries Negotiator at Korea Overseas Fisheries Cooperation Center, Ph.D candidate in Seoul National University School of Law

© Copyright 2021 Korea Maritime Institute. This is an Open-Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/4.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Published Online: Dec 31, 2018

ABSTRACT

The objective of this memo is to analyze a draft text of an international legally-binding instrument under the United Nations Convention on the Law of the Sea(UNCLOS) on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction(ABNJ)(resolution 69/292). The text will concentrate on access and benefit-sharing of Marine Genetic Resources(MGRs) and Convention on Biological Diversity(CBD) in order to recommend the applicable international legal framework for the sound governance of intellectual property claims, such as patents on inventions and copyrights on publications describing discoveries. The ultimate goal of this analysis is to accumulate perspectives and concerns raised by nations regarding protection of knowledge deriving from these resources using intellectual property rights and the implications of such protection in international law, including the rights granted by the UNCLOS, as well as regarding the access and benefit sharing obligations under the CBD and to present feasible and practical potentiality of a new IP regime to be discussed by the persons or nations concerned.

Keywords: UNCLOS; MGRs; ABNJ; CBD; access and benefit sharing(ABS); IP; patent; copyright