Abstract:
Marine biodiscovery is the examination of marine
biological material for features that may be of value for
commercial purposes. These features may include chemical
compounds, genes and their products or, in some cases, the
physical properties of the material in question. One of the
principal attributes of biodiscovery is the commercialisation of
the research or the intellectual property derived from the
research. As it stands, many coastal States maintain an open
access approach to marine biodiscovery. That is to say, no
attempt is made to exclude the access of others or to control
the collection and the subsequent use of material for the
purpose of biodiscovery. There is some evidence however to
support the view that biodiscovery will be most effective when
governed by a range of international and national laws.
Accordingly, the purpose of this paper is to identify the
principal legal elements in the 1982 United Nations Law of the
Sea Convention that are applicable to marine biodiscovery.
The paper explores the key challenges and recommendations
for the establishment of an appropriate governance framework
governing biodiscovery activities in sea areas under the
jurisdiction of a coastal Member State of the European Union.
