Patents to exploit deep-sea marine organisms are
increasing, according to a
new study in Nature
Sustainability.
A new
database of marine genes in patent filings reveals most
patents are held by a few large companies, and that deep-sea
organisms are of increasing economic interest. These include
species in areas outside of national jurisdictions, where
environmental regulation is limited.
The
authors say their findings show the need for polices that
steward deep-sea ecosystems, and regulate marine
bioprospecting in international waters.
The
SMC asked experts to comment. Please feel free to use these
comments in your reporting or follow up with the contact
details provided.
Professor Paul
Myburgh, Law School, Auckland University of Technology,
comments:
“The article highlights fundamental
deficiencies in national and international legal frameworks
regarding deep-sea bioprospecting/patenting.
“Many
countries, including Aotearoa New Zealand, have agreed to a
conditional
moratorium on seabed exploitation in areas beyond the
national jurisdiction until a regulatory framework can be
agreed by the International Seabed Authority (ISA), ensuring
effective protection of the deep-sea marine
environment.
“The moratorium has not stopped a few
international companies from jumping the gun and patenting
marine organism genes that may be commercially valuable in
future. Neither the United
Nations Convention on the Law of the Sea (UNCLOS) nor
the new High
Seas Treaty (also known as the BBNJ Agreement)
explicitly addresses patents or other intellectual property
rights over marine organisms. Until this international legal
gap is closed, these companies will aggressively attempt to
establish their commercial monopoly over deep-sea genetic
materials.
“The issue is of particular concern in
Aotearoa New Zealand because of the potential clash between
mātauranga Māori and international intellectual property
law, which may result in biopiracy by foreign companies of
traditional knowledge and rights in respect of marine
resources and environment (including the cultural right of
the relevant kaitiaki to exercise a rāhui (exploitation
ban) over endangered resources).”
No conflicts of
interest.
Dr Johan Svenson; Manager –
Science Impact; Cawthron, comments:
“New
Zealand has one of the largest exclusive economic zones
(EEZ) in the world, offering significant opportunity for
biodiscovery in our vast marine estate.
“Natural
products form the foundation of modern medicine and
initially all drugs were naturally derived. These days,
unveiling new promising compounds and proteins, through
bioprospecting, often involves mining databases containing
sequencing data and DNA collected from environmental
samples. Due to the technological challenges involved, the
deep sea has only recently started to attract attention, and
the past decades have seen a rapid increase in marine
biodiscovery as reflected in the number of patents
containing genetic sequences from marine
organisms.
“The chemical diversity found in marine
compounds is unprecedented, and it has been shown that drug
leads from marine organisms have a success rate two to four
times higher. Countries like the USA, Japan and Germany are
leading the charge in the marine biodiscovery space with
large companies such as BASF, IFF and DuPont particularly
active.
“This paper provides a comprehensive,
up-to-date illustration of the current state of the global
deep-sea marine bioprospecting landscape. The introduction
of the Marine Bioprospecting Patent Database is a valuable
source of information that can guide and inform research and
development activity. The paper highlights the extent and
the immense potential of marine biotechnologyand
emphasizes the need for policymakers to ensure a continued
stewardship of the sensitive deep-sea ecosystems beyond
national jurisdiction. The intense global international
activities described in the paper are not yet reflected here
in New Zealand.
“Given that 96% of New Zealand is
ocean, it is realistic to expect beneficial outcomes in the
fields of food, feed, fibres, cosmetics and biotech, that
could significantly contribute to the New Zealand economy if
our marine realm was properly & responsibly
explored.”
No conflict of
interest.
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