Bioprospecting of Genetic Resources in the Deep Seabed

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5.3. The Convention on Biological Diversity 38 5.3.1. Deep seabed genetic resources under the Convention on Biological Diversity 38 5.3.2. Bioprospecting under the Convention on Biological Diversity 40 5.4. Intellectual property rights instruments 41 5.4.1. Intellectual property rights and genetic resources 41 5.4.2. Activities of the World Intellectual Property Organization 42 5.4.3. The Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization 43 5.5. Other relevant international instruments and activities 44 5.5.1. Regional marine environmental-related instruments 44 5.5.1.1. Convention for the Protection of the Marine Environment of the North-East Atlantic 44 5.5.1.2. Noumea Convention 44 5.5.1.3. The Mediterranean Action Plan 45 5.5.1.4. The Antarctic Treaty System 45 5.5.2. The World Summit on Sustainable Development 47 5.5.3. Intergovernmental Oceanographic Commission of UNESCO 47 5.6. Non governmental initiatives 47 5.6.1. Codes of conduct 47 5.6.2. Other initiatives 48 5.7. Reporting requirements under international instruments 48 5.7.1. Reporting requirements under the UN Convention on the Law of the Sea 48 5.7.2. Reporting requirements under the Convention on Biological Diversity 49 5.7.3. Reporting requirements under other instruments 49 6 Outline of domestic measures of selected countries 51 6.1. Domestic measures on marine scientific research and bioprospecting 51 6.2. Indirect regulation of bioprospecting: marine protected areas 51 6.2.1. Canada: the Endeavour Marine Protected Area 51 6.2.2. Portugal: the Lucky Strike and Menez Gwen Marine Protected Areas 52 7 Conclusions and possible approaches to bioprospecting in the deep seabed 53 7.1. Main findings of the report 53 7.1.1. Status of, and threats to, deep seabed ecosystems 53 7.1.2. The value of deep seabed ecosystems and resources 53 7.1.3. Trends in deep seabed research 54 7.1.4. Current legal and policy framework 55 7.1.4.1. Bioprospecting within national jurisdiction 55 7.1.4.2. Bioprospecting beyond national jurisdiction 55 7.2. Issues to be addressed and areas requiring further study 57 7.3. Feasible approaches to designing a regime for bioprospecting in the deep seabed 58 7.3.1. Retaining the status quo 58 7.3.2. Using regional frameworks 58 7.3.3. Adoption of guidelines by the General Assembly 59 7.3.4. Using the framework of the Convention on Biological Diversity 59 7.3.5. Applying the regime of the Area 60 Endnotes 62 4
Abbreviations AIMS Australian Institute of Marine Science ATS Antarctic Treaty System CCAMLR Convention on the Conservation of Antarctic Marine Living Resources CRAMRA Convention on the Regulation of Antarctic Mineral Resources Activities CBD Convention on Biological Diversity CNRS French National Scientific Research Center CoML Census of Marine Life COP Conference of the Parties DSRV Deep Submergence Research Vehicle EEZ Exclusive Economic Zone EIA Environmental impact assessment FAO Food and Agriculture Organization of the United Nations GEOSS Global Earth Observing System of Systems HBOI Harbor Branch Oceanographic Institution ICP (also UNICPOLOS) United Nations Informal Consultative Process on the Law of the Sea IDA International Depositary Authorities IFREMER French Research Institute for the Exploitation of the Sea IGC WIPO’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore INSERM French National Institute of Health and Medical Research IOC Intergovernmental Oceanographic Commission IPRs Intellectual Property Rights ISA International Seabed Authority JAMSTEC Japan Agency for Marine-Earth Science and Technology LTC ISA’s Legal and Technical Commission MA Millennium Ecosystem Assessment MAP Mediterranean Action Plan MarBEC Marine Bioproducts Engineering Center MATs Mutually agreed terms MPA Marine protected area MSR Marine scientific research NCI US National Cancer Institute NOAA US National Oceanic and Atmospheric Administration NSF US National Science Foundation OSPAR Organization for the Protection of the Marine Environment of the North-East Atlantic PIC Prior informed consent R&D Research & development ROV Remote Operation Vehicles SBSTTA Subsidiary Body on Scientific Technical and Technological Advice TRIPS Agreement on Trade-Related Aspects of Intellectual Property Rights UNCLOS United Nations Convention on the Law of the Sea UNDOALOS United Nations Division for Ocean Affairs and the Law of the Sea UNEP United Nations Environment Programme WIPO World Intellectual Property Organization WSSD World Summit on Sustainable Development WTO World Trade Organization XBR Extremobiosphere Research Center of JAMSTEC 5
Page 1 and 2: UNU-IAS Report Bioprospecting of Ge
Page 3: UNU-IAS Report Bioprospecting of Ge
Page 8 and 9: Foreword The growing commercial int
Page 10 and 11: 1 Introduction Oceans are experienc
Page 12 and 13: previously thought, and that they m
Page 14 and 15: composition when those seamounts we
Page 16 and 17: Ridge (6 cruises), while the Pacifi
Page 18 and 19: criteria and guidelines to assist S
Page 20 and 21: various sites (five in the Northwes
Page 22 and 23: There are two scenarios with regard
Page 24 and 25: asis upon which to make management
Page 26 and 27: Pacific Ocean. The aim was to have
Page 28 and 29: out-licensing their products, biote
Page 30 and 31: programmes were initiated to protec
Page 32 and 33: 5 International instruments and ong
Page 34 and 35: ISA’s ninth (28 July - 8 August 2
Page 36 and 37: under UNCLOS and the very fine line
Page 38 and 39: an investigative activity undertake
Page 40 and 41: 5.3 The Convention on Biological Di
Page 42 and 43: marine and coastal living resources
Page 44 and 45: Patenting life forms, including gen
Page 46 and 47: dissemination of technology as one
Page 48 and 49: and crustaceans associated with hyd
Page 50 and 51: eporting on the Code’s applicatio
Page 52 and 53: 50 As noted above, Article III of t
Page 54 and 55: sampling protocols to be used, and
Page 56 and 57:
also be given to the fact that priv
Page 58 and 59:
and sharing with humankind of the b
Page 60 and 61:
distinction between marine scientif
Page 62 and 63:
Advantages •The CBD provides a fr
Page 64 and 65:
Endnotes 1 A metasearch of the data
Page 66 and 67:
62 Rasmussen, B., “Filamentous Mi
Page 68 and 69:
134 Baseline Report of the Census o
Page 70 and 71:
215 Dunedin Workshop Report. 216 Se
Page 72 and 73:
International Environmental Law 8(1
Page 74 and 75:
Hydrothermal Vents” (2003) Journa
Page 76:
The Institute of Advanced Studies o
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Bioprospecting of Genetic Resources in the Deep Seabed

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