| FNI PROJECTS
Marine Bioprospecting and Law
aim of this project is to investigate options for reforming the existing
regulatory framework for marine bioprospecting in order to promote increased
sustainable innovation based on marine genetic resources. Bioprospecting can be
understood as the search for and collection of biological resources; marine
indicates that the resources are found in biotopes in the ocean.
following three types of regulations are reflected in the three research areas
in this project:
The first research area is
international regulation of bioprospecting: What are the options for regulating
rights and access to genetic material from the high seas, which is the area
beyond national jurisdiction, the exclusive economic zone and in Antarctica,
south of 60 degrees South.
The second research area
for this project is open source for marine-based innovation: the research
question is how innovation may be stimulated and balanced in the marine sector
by the use of an open source-based legal system for innovation.
The third research area is to look at potential regulations
of collections of marine genetic resources by discussing the particular
situation of Marbank and research projects in bioprospecting: How to regulate
access to and use of marine genetic resources from such collections in a manner
that stimulates research, innovation and investment in this field? It is an
overall goal of this project to contribute with legal research, practical
options and solutions to the difficult legal questions related to marine
bioprospecting, including legal analysis drawing upon biology, technology and
political science. Law relevant for marine bioprospecting evolves in parallel
in different global arenas, at national level and among private
Innovation law is linked to marine bioprospecting, since the
aim of bioprospecting often is a patentable invention. A common characteristic
for sectors that involve marine bioprospecting, research and innovation based
on marine genetic material is that public funding is often necessary in the
early phases of basic research. At the time of commercialisation, questions
connected to rights to genetic resources and related innovations financed by
public funds become relevant.
Norway has played a prominent role in
several of the international arenas negotiating issues relating to access to
and legal protection of genetic material, and has also been in the forefront
with a view to developing compatible domestic regulations at a general level.
The strategic interests of Norway in the oceans and Antarctic area underscore
the need for Norway to contribute to further develop of international law in
Kristian Fauchald (project leader)
Rosendal, G. Kristin, Anne Ingeborg Myhr and Morten Walløe Tvedt, 'Access and Benefit Sharing legislation for marine bioprospecting: Lessons from Australia for the role of Marbank in Norway'. Journal of World Intellectual Property Rights, Online 06.06.2016, 13 p. DOI: 10.1111/jwip.12058
Jørem, Ane and Morten
the High Seas: Existing Rights and Obligations in View of a New Legal Regime
for Marine Areas beyond National Jurisdiction'. International Journal of
Marine and Coastal Law, Vol 29, No 2, 2014, pp. 321-343.
Morten Walløe, 'Disentangling Rights to Genetic
Resources Illustrated by Aquaculture and Forest Sector'. Law Environment
and Development Journal, Vol 9, No 3, 2013, pp. 3-20.
Walløe, 'Beyond Nagoya:
Towards a Legally Functional System of Access and Benefit-sharing'. In
Oberthür, S. and G.K. Rosendal (eds), Global Governance of Genetic
Resources: Access and Benefit Sharing after the Nagoya Protocol. London/New
York, Routledge, 2014, pp. 158-177.
Tvedt, Morten Walløe and Ane
E. Jørem, 'Bioprospecting in the High
Seas: Regulatory Options for Benefit Sharing'. The Journal of World
Intellectual Property, Vol 16, No 3-4, 2013, pp. 150-167.
Morten Walløe 'Common
Pools in Aquaculture: Exploring Patent Law, ABS and Sui Generis
Options'. In Kamau, Evanson Chege and Gerd Winter (eds), Common Pools of
Genetic Resources - Equity and Innovation in International Biodiversity
Law. London, Routledge, 2013, pp. 168-190.
Walløe, 'Patent hemmer
innovasjon' ('Patent Hampers Innovation'), Trønder-Avisa,
10.04.2012. In Norwegian.
Tvedt, Morten Walløe,
'Patentet som hemmet innovasjon' ('The
Patent that Hampered Innovation'), Dagbladet, 18.02.2012. In
Research Council of Norway (FUGE