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

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  • Gorina-Ysern, Montserrat

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.

Suggested Citation

  • Gorina-Ysern, Montserrat, 0. "Marine scientific research activities as the legal basis for intellectual property claims?," Marine Policy, Elsevier, vol. 22(4-5), pages 337-357, July.
  • Handle: RePEc:eee:marpol:v:22:y::i:4-5:p:337-357
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    Cited by:

    1. Ramesh Govindaraj & Gnanaraj Chellaraj, 2002. "The Indian Pharmaceutical Sector : Issues and Options for Health Sector Reform," World Bank Publications - Books, The World Bank Group, number 15231.

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