In: Global Privatization and Its Impact ISBN: 978-1-60456-785-4 Editors: I.J. Hagen and T.S. Halvorsen, pp. 103-113 © 2008 Nova Science Publishers, Inc. Chapter 6 WHO SHALL OWN THE GENES OF FARMED FISH? Ingrid Olesen 1 , Kristin Rosendal 2 , Morten Rye 3 , Morten Walløe Tvedt 2 and Hans B. Bentsen 1 1 Nofima Marine, P.O. Box 5010, N-1432 Ås, Norway 2 The Fridtjof Nansen Institute, P.O.Box 326, N-1326 Lysaker, Norway 3 Akvaforsk Genetics Center, N-6600 Sunndalsøra, Norway Abstract Breeding companies need some form of legal or biological protection measures to assure revenues from genetic improvement and investment in genetic material. Fish farmers and fish breeders need access to genetic resources for food production and further development and sustainable use of fish genetic material. The objective of this chapter is to discuss the international and domestic legal processes and the needs of fish breeders in the aquaculture sector. For this we will review: 1. The rationale for ensuring access to and for using legal measures for protection of breeding materials in aquaculture 2. A Norwegian case on Norwegian salmon breeding and farming, where three dimensions that may affect choices of protection and the scope for access to fish genetic resources are considered: Awareness among fish breeders of international regulations of genetic resources; evolving structures within the aquaculture sector; technological developments and biological features presenting options and barriers 3. The options available for protection of aquaculture genetic resources in both developed and developing countries. Introduction Fish breeding companies need legal protection of their genetically improved broodstock to ensure revenues from their investments in breeding and genetic improvement activities. The same players may also want access to genetic resources for further improvements and innovation. The question of how these conflicting concerns can be balanced in the aquaculture industry has recently got increasing attention and interest (Greer and Harvey, No part of this digital document may be reproduced, stored in a retrieval system or transmitted in any form or by any means. The publisher has taken reasonable care in the preparation of this digital document, but makes no expressed or implied warranty of any kind and assumes no responsibility for any errors or omissions. No liability is assumed for incidental or consequential damages in connection with or arising out of information contained herein. This digital document is sold with the clear understanding that the publisher is not engaged in rendering legal, medical or any other professional services.