Access and benefit sharing of Antarctica's Biological Material

Abstract

Searching and sampling of Antarctic Biological Material (ABM) is happening with no explicit regulation on access and benefit sharing requirements. Patents already exist on inventions stemming from Antarctic living organisms. The Antarctic Treaty System (ATS) provides mechanisms to ensure that scientific knowledge and data generated from the collection and use of ABM are shared, although commercialization might be a threat to this free exchange of scientific knowledge. Some of the underlying problems regarding the access and benefit sharing of ABM are that under the ATS there are gaps concerning definitions, access to specimens, benefit sharing, commercialization and reporting issues. The Antarctic Treaty Consultative Parties (ATCPs) have decided that the Antarctic Treaty Consultative Meeting (ATCM) is the competent body to discuss the matter, and the ATS is the appropriate framework for managing the collection of biological material in the Antarctic Treaty area and for considering its use. Nevertheless, opinions diverge as to the need for more specific rules on access and benefit sharing other than that already resulting from the obligation to give prior notification and share scientific results.