Benefit sharing of marine genetic resources and intellectual property protection under the BBNJ agreement

The relationship between benefit-sharing of marine genetic resources in areas beyond national jurisdiction and the intellectual property system has been a focal issue in past negotiations of the BBNJ Agreement. The legal status of marine genetic resources in areas beyond national jurisdiction is contentious. Although the BBNJ Agreement stops short of legally defining marine genetic resources in areas beyond national jurisdiction as “common heritage of mankind,” it adopts the principle as a guiding normative framework. The protection of specific knowledge information derived from the development of marine genetic resources in areas beyond national jurisdiction through the intellectual property system is not incompatible with the principle of the common heritage of mankind, nor does it conflict with relevant provisions of UNCLOS. Intellectual property protection can be integrated with benefit-sharing, and the current focus should be on improving the benefit-sharing mechanism within the intellectual property framework. The benefit-sharing mechanism for intellectual property associated with marine genetic resources in areas beyond national jurisdiction should emphasize non-monetary forms, achievable through international treaties under WTO and WIPO platforms.