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Marine Genetic Resources, R&D and the Law 1: Complex Objects of Use

Marine Genetic Resources, R&D and the Law 1: Complex Objects of Use

Bleuenn Guilloux

ISBN: 978-1-119-52816-6

Jun 2018, Wiley-ISTE

302 pages

$116.99

Description

Advances in research and development reveal the immense diversity and potential of marine genetic resources. Under international law, no specific regime applies to these complex and paradoxical objects of use. The Law of the Sea Convention sets a framework that is partly inadequate for this new category of resources. The Biodiversity Convention and the Nagoya Protocol only address the genetic resources of national areas. Patents allow their holder to exercise a monopoly on exploiting biotechnological creations to extensive claims, questioning the common nature of biodiversity and related knowledge. They hinder research and the objectives of biodiversity law. The legal and practical rules of physical and functional access vary in geometry. They focus on the valorization of research results, crystallizing conflicts of interest between suppliers and users. Sustainable research and development is essential to the knowledge and protection of marine biodiversity. The qualification of marine genetic resources in common, standard contractual tools, distributed research and development infrastructures, negotiation of an agreement on sustainable use and conservation of biodiversity beyond the limits of national jurisdiction, would To remove these inconsistencies.
1. Exploitable raw materials.
2. Patentable biotechnological inventions.
3. Common residual things.
4. "Common" to be rebuilt.
5. Open access to genetic resources.
6. Conditional access to genetic resources in marine areas under sovereignty or jurisdiction.
7. Modulation of access for research and development purposes.
8. Facilitating access for research and sustainable development.