Research On The Composite Benefit Sharing Mechanism Of ABNJ Marine Genetic Resources

The issue of benefit-sharing of marine genetic resources in areas beyond national jurisdiction has become an important part of the third implementation agreement under the framework of the United Nations Convention on the Law of the Sea,which is currently being prepared.The principles of fairness and impartiality,as the core issues of benefit sharing,have received widespread attention from various countries.At present,the draft of the BBNJ agreement has just been announced,and although the provisions involved in the draft are relatively brief,the finalization of the official text is still in the stage of negotiation.However,this undoubtedly provides a good reference for the specific mechanism of benefit sharing.For the benefit sharing of marine genetic resources beyond the scope of national jurisdiction,due to its special geographical and legal attributes,it is necessary to consider the rationality and necessity of mechanism construction from the perspective of interest coordination and demand balance.A fair and effective system for managing the benefits sharing of marine genetic resources beyond national jurisdiction must take into account various factors such as covering developing countries,supporting scientific research,and ensuring private sector investment.The combination of intellectual property system and benefit sharing can play a dual promoting role.On the one hand,intellectual property can promote the generation of benefits and regulate the process of sharing;On the other hand,benefit sharing can also compensate for the inherent shortcomings of intellectual property rights and bridge the differences between different countries.At the same time,based on the connection between blockchain technology and intellectual property and benefit sharing,while leveraging its technological advantages,integrating it into the specific structure of benefit sharing mechanisms can also promote the generation and implementation of benefits while ensuring technology,and contribute Chinese wisdom to the sustainable use of genetic resources and the finalization of BBNJ official texts while clearly positioning China.