The Right to Genetic Resources – Patent Law, Nagoya Protocol and Further Regulatory Options

Genetic resources have increasing relevance for innovation in biotechnological sectors. International law sets governance rules for resources located in sovereign territories. Authorization for their use, and sharing of benefits that arise from it, can be required. However, the experience with this regulatory regime has been frustrating for both users and countries of origin due to inefficiency, legal uncertainty and low volume of shared benefits. Based on the ideal scope of rights to genetic resources, this thesis proposes appropriate measures de lege ferenda at national, regional and international levels to provide a fair and equitable benefit sharing without unjustifiably harming innovation.