Hermes in the Realms of Poseidon : An odyssey pursuing an equitable framework addressing high seas bioprospecting

Abstract

Commercial exploration of genetic resources native to the high seas has intensified with the rapid technological development over the last decades. However, the current framework is perceived as inconsistent and weak, whereas there is no instrument tailored to address neither bioprospecting nor benefits gained from exploitation of the ocean’s common resources. For example, the confidentiality associated with patents on pharmaceutical products derived from marine biota is not compatible with provisions of the Law of the Sea stipulating public dissemination of research results. Bioprospecting can thus not adhere consistently to the enlisted high seas freedoms. Major international powers have in concert declared that the status quo is unacceptable, and the sentiment for a legislative change has accordingly gained traction. The objective of this study is thus to follow the international momentum and revise relevant instruments and highlight options for strengthening the current framework regarding access and benefit-sharing.