Nofima Marin collaborates with the Fridtjof Nansen Institute (FNI) on questions about access to and legal protection of genetic resources of farmed fish. By combining law, biology, genetics and political science studies, we have the opportunity to nationally regulate access to gene resources for use in aquaculture. Systematic studies of strategies within the aquaculture industry have been carried out in combination with studies of national and international statutory provisions on the area.
This has been implemented using a host of interviews with central actors in Norwegian salmon farming to learn about their requirements and assessments with respect to such legal regulations. Work is underway with collaborators in India and with the World Fish Centre to gain a similar understanding for other aquaculture species in other countries.
The cost of innovation
To maximise potential for innovation within aquaculture industries, it is important that interested parties have a high level of knowledge about the advantages and disadvantages of different types of regulation of access to and protection of breeding material and genetic resources.
The fact that the price premium for good breeding material is relatively low is a problem in that the majority of the increased value created by breeding benefits the fish farmer and consumer and not the breeder. This weakens the innovation and earning opportunities for the breeding company. Thorough analysis of the advantages and disadvantages associated with different forms of legal and biological protection is necessary in order to find solutions which are perceived as fair and appropriate for all actors in the industry.
The collaboration between Nofima Marin and FNI is based on studies of the use of genetic resources within aquaculture in Norway (salmon and cod) and internationally (e.g. tilapia and Indian rohu carp and shrimps).
Norwegian legislation
The Act relating to management of marine resources states that each exploration of marine gene resources must gain permission from the authorities. Norwegian authorities are also in the process of adopting a new Act relating to natural diversity, which could influence the legal situation within this area. This draft legislation expands on the idea that genetic material is a common resource which everyone should have free access to.
Further, it is proposed that access to genetic material in Norwegian gene banks is granted based on the principle that the material will not be patented retrospectively. However, neither this draft legislation nor the Act relating to management of marine resources addresses the balance between exclusive rights to and access to genetic resources.
Unknown values in genes
Norway has a rapidly growing aquaculture sector with particularly valuable gene material for salmon and rainbow trout. Besides, Norway has a special responsibility for the resource management of around half the world's Atlantic salmon stocks. Over the past decade, Norway has also distinguished itself in international negotiations about access to and fair distribution of the benefits of the use of genetic resources under the Convention on Biological Diversity.
In recent years, this type of issue has also been made current through examples such as bioprospecting on Norwegian reefs and cyclosporine (the medical breakthrough for transplants which was based on a small mushroom found on the Hardangervidda plateau in Norway). These examples highlight the importance of research in this area. Firstly, these examples demonstrate the need for good management of genetic material, as we do not know what treasures remain unidentified (e.g. those located on the sea floor or a mountain plateau). Secondly, these examples demonstrate the huge untapped economic value that genetic material can have, (e.g. for medicine or food production).
