ABSTRACT Algae and protozoa underpin biological productivity from the poles to the equator, produce most of the world’s oxygen and a myriad of valuable commodities such as pigments, oils, antioxidants and proteins. Algae are the subject of many thousands of patent applications in varied fields from bioremediation to nutraceuticals. The patenting of microorganisms including algae was made easier and more secure with the signing of the Budapest Treaty and the creation of International Depositary Authorities, such as the Culture Collection of Algae and Protozoa (CCAP), which is a Biological Resource Centre and is a trusted global leader in the provision of algal and protozoan cultures, knowledge and associated services. There are challenges ahead in incorporating Intellectual Property laws with Access and Benefit Sharing regulations such as the Nagoya Protocol but tools are being developed to enable progress.