| Summary: | This article examines the issues surrounding bioprospecting for potential resources from areasoutside national jurisdiction. Bioprospecting is attracting attention in international law becausethere is a lack of clarity in the interplay between sovereign rights over biological resources andintellectual property rights in inventions developed from those resources. The situation is evenmore complex where sovereign rights are disputed or absent. This article focuses on theAntarctic and the Southern Ocean because, although this region is in the administrative custodyof 45 state parties to the Antarctic Treaty, the status of Antarctic resources is legally unclear.While there may not be direct conflict between the Antarctic legal regime and other internationalregimes, including the Agreement on Trade-Related Aspects of Intellectual Property, theConvention on Biological Diversity and the United Nations Convention on the Law of the Sea,neither does the legal regime provide adequate guidance in the treatment of resources fromglobal commons areas. An examination of the issues has led the authors to conclude that at thevery least the Antarctic Treaty consultative parties should make clear their collective policy onbioprospecting before the industry takes hold.
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