The fifth intergovernmental negotiations on marine BBNJ(Biodiversity beyond Areas of National Jurisdiction)concluded in August 2022,in which there are still major differences regarding access to marine genetic resourc...The fifth intergovernmental negotiations on marine BBNJ(Biodiversity beyond Areas of National Jurisdiction)concluded in August 2022,in which there are still major differences regarding access to marine genetic resources,management,and technology transfer.China’s participation in the development of marine genetic resources in ABNJ(areas beyond national jurisdiction)has many dilemmas,which are linked to the difficulties faced in advancing the BBNJ negotiations.The following countermeasures are proposed at the institutional and practical levels respectively:clarifying the legal attributes and applicability of the principles of marine genetic resources;establishing mechanisms for access,management,environmental impact assessment and benefit sharing of marine genetic resources;and using the“Blue Partnership”to build a governance mechanism for marine genetic resources to achieve mutual benefits.展开更多
Intellectual property system gives rise to international concern in the context of development and protection of the marine biological genetic resources beyond the national jurisdiction. The core argument is whether c...Intellectual property system gives rise to international concern in the context of development and protection of the marine biological genetic resources beyond the national jurisdiction. The core argument is whether can be current international intellectual property system plays an active role for balancing the respective benefits to make sure resolve this special area issue. The Agreement On Trade-related Aspects of Intellectual Property Right （TRIPS Agreement） provides basic requirements to international intellectual property application. This paper is intended to examine the feasibility of TR1PS clauses in the above context and then some suggestions are put forth.展开更多
文摘The fifth intergovernmental negotiations on marine BBNJ(Biodiversity beyond Areas of National Jurisdiction)concluded in August 2022,in which there are still major differences regarding access to marine genetic resources,management,and technology transfer.China’s participation in the development of marine genetic resources in ABNJ(areas beyond national jurisdiction)has many dilemmas,which are linked to the difficulties faced in advancing the BBNJ negotiations.The following countermeasures are proposed at the institutional and practical levels respectively:clarifying the legal attributes and applicability of the principles of marine genetic resources;establishing mechanisms for access,management,environmental impact assessment and benefit sharing of marine genetic resources;and using the“Blue Partnership”to build a governance mechanism for marine genetic resources to achieve mutual benefits.
文摘Intellectual property system gives rise to international concern in the context of development and protection of the marine biological genetic resources beyond the national jurisdiction. The core argument is whether can be current international intellectual property system plays an active role for balancing the respective benefits to make sure resolve this special area issue. The Agreement On Trade-related Aspects of Intellectual Property Right （TRIPS Agreement） provides basic requirements to international intellectual property application. This paper is intended to examine the feasibility of TR1PS clauses in the above context and then some suggestions are put forth.
