Intellectual property rights are arising from the utilization of ma-rine genetic resources.Due to technical and financial gaps among countries,there is a trend of monopoly on intellectual property rights in relation to genetic resourc-es,probably causing severe imbalance on distribution of interests.The monopolistic and exclusive nature of intellectual property rights could pose restrictions on access to marine genetic resources,and resistance on benefit-sharing especially on mone-tary benefit-sharing,and impediment on transfer of technology.Therefore,it is nec-essary to ease the tension between governance on marine genetic resources and pro-tection of intellectual property rights,by including intellectual property interests in-to benefit-sharing mechanism,requiring disclosure of origin to improve transparen-cy,and expanding the dissemination of public knowledge.All in all,the imbalance is caused by the inadequacy of intellectual property regimes,so international instru-ments on genetic resources including BBNJ Agreement avoided direct regulation on intellectual property rights.So,current negotiation under World Intellectual Property Organization to finalize an agreement on an international legal instrument(s)could provide important reference to future discussion on marine genetic resources and in-tellectual property rights.
关键词
海洋遗传资源/遗传资源专利/BBNJ协定/惠益分享/来源披露
Key words
marine genetic resources/patent on genetic resources/BBNJ agreement/benefit-sharing/origin disclosures
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