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Advances in research and development reveal the immense diversity
and potential of marine genetic resources. Under international law,
no specific regime applies to these complex and paradoxical objects
of use. The Law of the Sea Convention sets a framework that is
partly inadequate for this new category of resources. The
Biodiversity Convention and the Nagoya Protocol only address the
genetic resources of national areas. Patents allow their holder to
exercise a monopoly on exploiting biotechnological creations to
extensive claims, questioning the common nature of biodiversity and
related knowledge. They hinder research and the objectives of
biodiversity law. The legal and practical rules of physical and
functional access vary in geometry. They focus on the valorization
of research results, crystallizing conflicts of interest between
suppliers and users. Sustainable research and development is
essential to the knowledge and protection of marine biodiversity.
The qualification of marine genetic resources in common, standard
contractual tools, distributed research and development
infrastructures, negotiation of an agreement on sustainable use and
conservation of biodiversity beyond the limits of national
jurisdiction, would To remove these inconsistencies.
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