Aquaculture genetic resource access and benefit sharing

What is it about?

This article analyses the range of international access and benefit sharing (ABS) and technology transfer regimes that can impact on the use and exchange of aquaculture genetic resources. It analyses the proprietary approach to ABS under the Convention on Biological Diversity and the Nagoya Protocol, the stewardship approach under the United Nations Convention on the Law of the Sea and the cooperative approach under the Antarctic Treaty System. It argues that the framework for exceptions to patent infringement under the Trade-Related Aspects of Intellectual Property Rights is consistent with all three approaches and can assist in the normative development of ABS laws and implementation.

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Why is it important?

This work is timely given that the FAO's State of the World's Aquatic Genetic Resources for Food and Agriculture is due for release in 2018 and is expected to raise questions about how aquaculture genetic resources can be fairly and equitably shared across jurisdictions.