The rising tide of access and benefit sharing in aquaculture

Abstract

Early domestication in the aquaculture sector is unlikely to benefit from the same extent of free exchange of genetic resources that was enjoyed by the agriculture sector. The recent rise of access and benefit sharing (ABS) and patent restrictions concerning aquatic genetic resources are becoming increasingly complex and fragmented. This chapter navigates the main trade, environmental and social international instruments that affect ABS of genetic resources within three jurisdictional areas – waters within national jurisdictions, beyond national jurisdictions and in Antarctic waters. It concludes that the current fragmented geographical approach to ABS will ultimately hinder product development and research in aquaculture. Instead it offers some practical options for a common approach to implementing the relevant ABS and patent law instruments with the aim of accommodating aquaculture’s special characteristics, namely, its lag in domestication and research, its unique pattern of resource use and exchange and the trans-jurisdictional nature of its biological resources.