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

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.