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  • Shellfish Patents Krill Research: Patent Law Defences and Technology Transfer of Genetic Materials and Knowledge in Aquaculture

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    Humphries_2016_01Thesis.pdf (7.598Mb)
    Author(s)
    Humphries, Frances Amy
    Primary Supervisor
    Lawson, Charles
    Butler, Christopher
    Other Supervisors
    Sanderson, Jay
    Year published
    2016
    Metadata
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    Abstract
    The recent rise of access and benefit sharing (ABS) and patent laws concerning the use of aquatic genetic resources is creating increasing legal complexity and uncertainty for the aquaculture sector. The complexity and uncertainty comes at a time when the sector needs unprecedented access and exchange of genetic resources, technologies and knowledge for its early stages of domestication and scientific research and development. Arguably, the complexity largely stems from using the geographical origin of a resource to determine which ABS or stand-alone technology transfer obligations apply. This may suit transactions of ...
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    The recent rise of access and benefit sharing (ABS) and patent laws concerning the use of aquatic genetic resources is creating increasing legal complexity and uncertainty for the aquaculture sector. The complexity and uncertainty comes at a time when the sector needs unprecedented access and exchange of genetic resources, technologies and knowledge for its early stages of domestication and scientific research and development. Arguably, the complexity largely stems from using the geographical origin of a resource to determine which ABS or stand-alone technology transfer obligations apply. This may suit transactions of terrestrial genetic resources whose origin can be determined within national jurisdiction. It is less suited to self-replicating aquatic genetic resources that can migrate between jurisdictional areas. It is also less suited to regulating derivatives such as the digital (knowledge) resource accessed independently from the physical genetic resource. This thesis looks beyond the geographical origin to three underlying approaches that generalise how international instruments regulate ABS and technology transfer of genetic resources within three jurisdictional areas – proprietary (within national jurisdiction), stewardship (beyond national jurisdiction or the ‘deep sea’) and cooperative (in the Antarctic Treaty Area) approaches. The benefit of this categorisation is to understand the assumptions and principles underlying each instrument’s approach to technology transfer with a view to finding similarities and compatibilities between three shared legal challenges.
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    Thesis Type
    Thesis (PhD Doctorate)
    Degree Program
    Doctor of Philosophy (PhD)
    School
    Griffith Law School
    DOI
    https://doi.org/10.25904/1912/2587
    Copyright Statement
    The author owns the copyright in this thesis, unless stated otherwise.
    Item Access Status
    Public
    Note
    In order to comply with copyright Chapters 3-6 have not been published here.
    Subject
    Access and benefit sharing (ABS)
    Shellfish patents
    Patent law
    Genetic materials
    Krill
    Aquaculture
    Publication URI
    http://hdl.handle.net/10072/366025
    Collection
    • Theses - Higher Degree by Research

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