Marin Genetic Resources in Areas Beyond National Jurisdiction is a Subject in Intellectual Property Rights

The discovery of marine genetic resources has led to increase of the number of international maritime patent claims .Given the unique characteristics of these organisms, the genetic resources derived from these organisms have great potential in the medical field and for research and development in the fields of antioxidants, fungal treatments, AIDS, cancer, tuberculosis, malaria And antibiotics are of particular value. Given that most marine genetic resources exist in areas beyond the national jurisdiction, so far, international law, including the Convention on Biological Diversity and the Convention on International Maritime Law, does not have the necessary and complete mechanism to regulate access and management of these resources. For this reason, the General Assembly, by issuing Resolution 292/69 in 2015, acknowledged the need for a new international agreement in accordance with the Convention on the law of the Sea in the field of conservation and sustainable use of biodiversity. In this paper, while examining the position of marine genetic resources in the international law system, we pay attention to the traditional knowledge and rights of indigenous peoples while exploiting genetic resources and the patent system and consider new international law innovations to resolve existing conflicts.