• myGriffith
    • Staff portal
    • Contact Us⌄
      • Future student enquiries 1800 677 728
      • Current student enquiries 1800 154 055
      • International enquiries +61 7 3735 6425
      • General enquiries 07 3735 7111
      • Online enquiries
      • Staff phonebook
    View Item 
    •   Home
    • Griffith Research Online
    • Journal articles
    • View Item
    • Home
    • Griffith Research Online
    • Journal articles
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

  • All of Griffith Research Online
    • Communities & Collections
    • Authors
    • By Issue Date
    • Titles
  • This Collection
    • Authors
    • By Issue Date
    • Titles
  • Statistics

  • Most Popular Items
  • Statistics by Country
  • Most Popular Authors
  • Support

  • Contact us
  • FAQs
  • Admin login

  • Login
  • A patent defence approach to sharing aquaculture genetic resources across jurisdictional areas

    Author(s)
    Humphries, Fran
    Griffith University Author(s)
    Humphries, Fran
    Year published
    2017
    Metadata
    Show full item record
    Abstract
    Access and benefit sharing (ABS) of genetic resources is a concept that is increasingly important for product development in aquaculture. ABS regulates the way aquatic genetic resources can be accessed from the world's waters and how the benefits that result from their use are shared between the providers and users of genetic resources and their derivatives. This article gives an overview of the multiple approaches to sharing aquaculture genetic resources under ABS regimes across the three jurisdictional areas in which they are found—waters within national jurisdiction, beyond national jurisdictions and in the Antarctic ...
    View more >
    Access and benefit sharing (ABS) of genetic resources is a concept that is increasingly important for product development in aquaculture. ABS regulates the way aquatic genetic resources can be accessed from the world's waters and how the benefits that result from their use are shared between the providers and users of genetic resources and their derivatives. This article gives an overview of the multiple approaches to sharing aquaculture genetic resources under ABS regimes across the three jurisdictional areas in which they are found—waters within national jurisdiction, beyond national jurisdictions and in the Antarctic Treaty Area. It highlights the complexity and inconsistencies relating to obligations for technology transfer across the various regimes and the implications this has for sharing genetic resources for use in aquaculture. It offers a practical solution to navigating this complexity by using an evolving patent defence approach consistent with the World Trade Organisation's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). It concludes that this approach can guide the resolution of legal challenges that ABS regimes across the jurisdictional areas have in common, which concern derivatives and commercial use of genetic resources
    View less >
    Journal Title
    Journal of World Intellectual Property
    Volume
    20
    Issue
    5-6
    DOI
    https://doi.org/10.1111/jwip.12082
    Subject
    Private law and civil obligations
    Publication URI
    http://hdl.handle.net/10072/352783
    Collection
    • Journal articles

    Footer

    Disclaimer

    • Privacy policy
    • Copyright matters
    • CRICOS Provider - 00233E
    • TEQSA: PRV12076

    Tagline

    • Gold Coast
    • Logan
    • Brisbane - Queensland, Australia
    First Peoples of Australia
    • Aboriginal
    • Torres Strait Islander