Claudio Chiarolla a rédigé le chapitre "intellectual Property Rights Issues" intégré aux IUCN Information Papers prepared by the IUCN Environmental Law Centre for the Intersessional Workshop on Marine Genetic Resources (2-3 May 2013) - United Nations General Assembly Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction.
Extrait [en anglais] :
"In cases of privately funded research as well as university research and public-private partnerships, intellectual property (IP) protection and the appropriate management of IP assets can promote research, innovation and their wide dissemination. Patents can provide incentives to promote investments in research and development and—through licensing—potential pathways towards technology transfer, product development and commercialization. However, uncertainties about the legal status of materials, which may arise from the presence of patent claims over marine organisms—and their separate parts and components—may potentially discourage research by others within the technological prospects covered by such patents (Kitch, 1977). The management of other types of intellectual property rights (IPRs), including copyright, trade secrets and proprietary databases, also plays a role for the generation and the dissemination of data, information, knowledge and technologies arising from the discovery and exploitation of marine genetic resources (MGR).
This paper considers key aspects of the law of patents, trade secrets, copyrights and databases by explaining why they are relevant to the utilization of MGR and their intangible informational contents in th e context of the United Nations Convention on the Law of the Sea (UNCLOS) and its normative framework for marine scientific research (MSR)."
