Pharmaceuticals

In the United Nations Convention on the Law of the Sea (UNCLOS), the rights and obligations of all States relating to the conservation and exploitation of marine resources, whether living or non-living, are mainly determined according to where the resources are located. When they are found in areas under the national jurisdiction of the coastal State, these resources are governed by the legal regimes regarding the conservation and exploitation of marine resources in such areas. On the other hand, when these resources are located in areas beyond the limits of national jurisdiction, they are either subject to the legal regime of the high seas (marine living resources) or to the legal regime governing the International Seabed Area (for mineral resources).

 

The production of pharmaceuticals from marine resources is most likely to be carried out on land, and therefore such activity would not fall under the purview of UNCLOS. However, the access to these resources falls under the provisions of UNCLOS and the Convention on Biological Diversity. The conventions and agreements negotiated under the auspices of the World Intellectual Property Organization may also be relevant in this respect.