A patent defence approach to sharing aquaculture genetic resources across jurisdictional areas
Access and benefit sharing (ABS) of genetic resources is a concept that is increasingly important for product development in aquaculture. ABS regulates the way aquatic genetic resources can be accessed from the world’s waters and how the benefits that result from their use are shared between the pro...
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ftqueensland:oai:eprints.qut.edu.au:209035 2024-02-04T09:54:07+01:00 A patent defence approach to sharing aquaculture genetic resources across jurisdictional areas Humphries, Fran 2017-11 application/pdf https://eprints.qut.edu.au/209035/ unknown John Wiley & Sons https://eprints.qut.edu.au/209035/1/Humphries_2015_sharing_aquaculture_genetic_resources_across_jurisdictions.pdf doi:10.1111/jwip.12082 Humphries, Fran (2017) A patent defence approach to sharing aquaculture genetic resources across jurisdictional areas. Journal of World Intellectual Property, 20(5-6), pp. 221-238. https://eprints.qut.edu.au/209035/ free_to_read 2017 The Authors. The Journal of World Intellectual Property This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the document is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recognise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to qut.copyright@qut.edu.au Journal of World Intellectual Property UNCLOS Genetic Resources Access and Benefit Sharing TRIPS (Trade-Related Aspects of Intellectual Property Rights Agreement Antarctica Contribution to Journal 2017 ftqueensland https://doi.org/10.1111/jwip.12082 2024-01-08T23:57:11Z Access and benefit sharing (ABS) of genetic resources is a concept that is increasingly important for product development in aquaculture. ABS regulates the way aquatic genetic resources can be accessed from the world’s waters and how the benefits that result from their use are shared between the providers and users of genetic resources and their derivatives. This article gives an overview of the multiple approaches to sharing aquaculture genetic resources under ABS regimes across the three jurisdictional areas in which they are found – waters within national jurisdiction, beyond national jurisdictions and in the Antarctic Treaty Area. It highlights the complexity and inconsistencies relating to obligations for technology transfer across the various regimes and the implications this has for sharing genetic resources for use in aquaculture. It offers a practical solution to navigating this complexity by using an evolving patent defence approach consistent with the World Trade Organisation’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). It concludes that this approach can guide the resolution of legal challenges that ABS regimes across the jurisdictional areas have in common, which concern derivatives and commercial use of genetic resources. Article in Journal/Newspaper Antarc* Antarctic Antarctica Queensland University of Technology: QUT ePrints Antarctic The Antarctic The Journal of World Intellectual Property 20 5-6 221 238 |
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Queensland University of Technology: QUT ePrints |
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ftqueensland |
language |
unknown |
topic |
UNCLOS Genetic Resources Access and Benefit Sharing TRIPS (Trade-Related Aspects of Intellectual Property Rights Agreement Antarctica |
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UNCLOS Genetic Resources Access and Benefit Sharing TRIPS (Trade-Related Aspects of Intellectual Property Rights Agreement Antarctica Humphries, Fran A patent defence approach to sharing aquaculture genetic resources across jurisdictional areas |
topic_facet |
UNCLOS Genetic Resources Access and Benefit Sharing TRIPS (Trade-Related Aspects of Intellectual Property Rights Agreement Antarctica |
description |
Access and benefit sharing (ABS) of genetic resources is a concept that is increasingly important for product development in aquaculture. ABS regulates the way aquatic genetic resources can be accessed from the world’s waters and how the benefits that result from their use are shared between the providers and users of genetic resources and their derivatives. This article gives an overview of the multiple approaches to sharing aquaculture genetic resources under ABS regimes across the three jurisdictional areas in which they are found – waters within national jurisdiction, beyond national jurisdictions and in the Antarctic Treaty Area. It highlights the complexity and inconsistencies relating to obligations for technology transfer across the various regimes and the implications this has for sharing genetic resources for use in aquaculture. It offers a practical solution to navigating this complexity by using an evolving patent defence approach consistent with the World Trade Organisation’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). It concludes that this approach can guide the resolution of legal challenges that ABS regimes across the jurisdictional areas have in common, which concern derivatives and commercial use of genetic resources. |
format |
Article in Journal/Newspaper |
author |
Humphries, Fran |
author_facet |
Humphries, Fran |
author_sort |
Humphries, Fran |
title |
A patent defence approach to sharing aquaculture genetic resources across jurisdictional areas |
title_short |
A patent defence approach to sharing aquaculture genetic resources across jurisdictional areas |
title_full |
A patent defence approach to sharing aquaculture genetic resources across jurisdictional areas |
title_fullStr |
A patent defence approach to sharing aquaculture genetic resources across jurisdictional areas |
title_full_unstemmed |
A patent defence approach to sharing aquaculture genetic resources across jurisdictional areas |
title_sort |
patent defence approach to sharing aquaculture genetic resources across jurisdictional areas |
publisher |
John Wiley & Sons |
publishDate |
2017 |
url |
https://eprints.qut.edu.au/209035/ |
geographic |
Antarctic The Antarctic |
geographic_facet |
Antarctic The Antarctic |
genre |
Antarc* Antarctic Antarctica |
genre_facet |
Antarc* Antarctic Antarctica |
op_source |
Journal of World Intellectual Property |
op_relation |
https://eprints.qut.edu.au/209035/1/Humphries_2015_sharing_aquaculture_genetic_resources_across_jurisdictions.pdf doi:10.1111/jwip.12082 Humphries, Fran (2017) A patent defence approach to sharing aquaculture genetic resources across jurisdictional areas. Journal of World Intellectual Property, 20(5-6), pp. 221-238. https://eprints.qut.edu.au/209035/ |
op_rights |
free_to_read 2017 The Authors. The Journal of World Intellectual Property This work is covered by copyright. Unless the document is being made available under a Creative Commons Licence, you must assume that re-use is limited to personal use and that permission from the copyright owner must be obtained for all other uses. If the document is available under a Creative Commons License (or other specified license) then refer to the Licence for details of permitted re-use. It is a condition of access that users recognise and abide by the legal requirements associated with these rights. If you believe that this work infringes copyright please provide details by email to qut.copyright@qut.edu.au |
op_doi |
https://doi.org/10.1111/jwip.12082 |
container_title |
The Journal of World Intellectual Property |
container_volume |
20 |
container_issue |
5-6 |
container_start_page |
221 |
op_container_end_page |
238 |
_version_ |
1789970790228164608 |