Marine scientific research activities as the legal basis for intellectual property claims?

Montserrat Gorina-Ysern

Marine Policy, vol. 22, issue 4-5, 337-357

Abstract: This article identifies the restrictive effects of intellectual property laws relating to copyright, patents and confidential information on the dissemination of marine scientific research data, samples and results, and argues that the 1982 Law of the Sea Convention regime for MSR fails to address these restrictions. Comparisons are drawn between the LOSC regime, major international treaties and bilateral agreements dealing with scientific research. It is concluded that a more formal bilateral approach to MSR clearance-agreements under the 1982 LOSC could result in a more equitable distribution of benefits, commercial or otherwise, between researching and coastal State interests.

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