BBNJ Agreement and Intellectual Property Implications for Marine Genetic Resources Management in ABNJ

The new landmark BBNJ Treaty (Marine Biodiversity of Areas beyond National Jurisdiction Agreement) emphasises applying the notion of ‘common heritage of humankind’ to conserve and sustainably use marine biological diversity in areas beyond national jurisdiction (ABNJ). Existing regulatory gaps and loopholes in international law, biodiversity law, and intellectual property rights (IPR) hinder sustainable use and equitable sharing of benefits from marine genetic resources (MGRs). Effective management of MGR-based patents and digital sequence information is essential for regulating access to and use of biological materials. To foster innovation and regulate bioprospecting, a sui generis IPR regime for inventions derived from ABNJ genetic resources is necessary, potentially including regulations on MGR discoveries. This article argues that IPR considerations significantly impact commercialisation, monetary benefit-sharing from MGR utilisation, as well as the regulation of digital sequence information, capacity-building, technology transfer, and marine scientific research in ABNJ.