Contacts Calendar Search Sitemap
About CRC Reef Research Programs Postgrad Education & Training Publications Media Centre Our Members For CRC Reef Members

Ownership of genetic resources in the GBRWHA, its ecotone and the Exclusive Economic Zone (A3.1)

Task leader: Dr Merrilyn Wasson, Australian National University.

Task associate: Dr Chris Battershill, Australian National Univeristy.

Objectives:

  1. The primary purpose is to make available to the partners of the CRC, an accessible and coherent study of relevant changes to the institutional and legal framework affecting Intellectual Property associated with the biodiversity of the GBRWHA, the adjacent shoreline and the ecotone. The aim of the research is to ensure that the changing international and national regimes pertaining to intellectual property and biodiversity, are used:
    - for the mutual benefit of the CRC partners; and
    - for the better protection of the area.

  2. To analyse the impact of the current international and domestic legislative and regulatory environment affecting the GBRWHA, and to explore potential management benefits from:

    A 1) ensuring that the Intellectual Property from endemic biodiversity, and any commercialisation of biogentic research enhances the value and protection accorded the GBRWHA.

    A 2) ensuring that the Intellectual Property arising from species and ecosystem biodiversity, and from associated biogenetic research, is captured for the benefit of the CRC partners, AIMS and other stakeholders;

    A 3) ensuring that regional and local biosafety agreements, with regards to Aquaculture, are consistent with international agreements on IP and biodiscovery, notably the WTO TRIPS agreement.

    B) 1 To examine the implications of High Court judgements granting Native Title to Reefs (Mabo) the Sea (the Olney Judgement) and the use of biodiversity (Yanner), for indigenous ownership of biodiversity,.

    B) 2 To examine the consistency (or otherwise) between provisions for intellectual property rights to traditional knowledge of flora and fauna

    C) To create an accessible database of international, national and regional institutions concerning intellectual property to biodiversity, genetic biodiscovery and biotechnology. The objective of the database would be to assist all stakeholders with the 'wise use' of the biodiversity of the GBRWHA, from the genetic to the species to the ecosystem.

    [Please note: While the present task proposal concentrates on the seminal importance of the changing International regimes concerning intellectual property to biodiversity, and the implications for the management of the GBRWHA, it is envisaged as a Part I of a two phase project. The second phase, if accepted, would be devoted to the assessing the impact and the beneficial use of the provisions of the UN Convention on the Law of the Sea. It would be timed to coincide with the review of the UNCLOS 111 in 2004.]