Disentangling Rights to Genetic Resources Illustrated by Aquaculture and Forest Sector

Law Environment and Development Journal, Vol 9, No 3, 2013, pp. 3-20.

This article explores ways of understanding rights to genetic resources in two sectors that utilise these resources. The overall aim of this article is to explore property to enable a better understanding of the possibilities of establishing common pools for innovation and effective benefit-sharing arrangements that promote conservation and sustainable use of biological diversity. This is done by examining a theoretical approach to property right to genetic resources. I explore three cases to illustrate the various issues at stake. One is a patent case, one an ownership case from the aquaculture sector in Norway, and the third is from the forest sector. All three cases are explored to establish how the rights to genetic resources are working in concrete cases or sectors and to better understand how these systems can be fine-tuned in the future.

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