© Thomas Vanagt, Arianna Broggiato, Laura E. Lallier, Marcel Jaspars, Geoff Burton, and Dominic Muyldermans 2019 | doi:10.1163/9789004391703_012 This is an open access chapter distributed under the terms of the prevailing CC-BY-NC license at the time of publication. Chapter 10 Mare Geneticum: towards an Implementing Agreement for Marine Genetic Resources in International Waters Thomas Vanagt, a,b Arianna Broggiato, a,b Laura E. Lallier, a,e Marcel Jaspars, c Geoff Burton, d and Dominic Muyldermans b a eCOAST Marine Research, 8400 Ostend, Belgium b ABS-int, 9052 Zwijnaarde, Belgium c Marine Biodiscovery Centre, Department of Chemistry, University of Aberdeen, Aberdeen AB24 3UE, UK d United Nations University, Institute for the Advanced Study of Sustainability, Tokyo 150-8925, Japan e Maritime Institute, Faculty of Law, University of Ghent, 9000 Ghent, Belgium Abstract A fair and effective regime regulating benefit-sharing of marine genetic resources (MGR) in areas beyond national jurisdiction (ABNJ) must consider the inclusion of developing states, support scientific research and safeguard investments of the private sector. The present innovative proposal ensures a delicate balance through an approach based on open access, albeit with limitations. Access to MGR in ABNJ is facilitated, but conditional on the public release of collected samples and raw data. Adoption of the open access principle guarantees a powerful form of non-monetary benefit-sharing. The balance is maintained by the option for an extended embargo period, allowing samples and data to be kept confidential for a certain period, against payment to a biodiversity contribution fund. Monetary benefit-sharing, as a sector-negotiated per- centage on revenue, could be imposed at the point of product commercialisation, and would offer a tangible payment system with a low transaction cost. Thomas Vanagt, Arianna Broggiato, Laura E. Lallier, Marcel Jaspars, Geoff Burton and Dominic Muyldermans - 9789004391703 Downloaded from Brill.com04/29/2019 08:28:03PM via free access