“The article highlights fundamental deficiencies in national and international legal frameworks regarding deep-sea bioprospecting/patenting.

"Many countries, including Aotearoa New Zealand, have agreed to a conditional moratorium on seabed exploitation in areas beyond the national jurisdiction until a regulatory framework can be agreed by the International Seabed Authority (ISA), ensuring effective protection of the deep-sea marine environment.

"The moratorium has not stopped a few international companies from jumping the gun and patenting marine organism genes that may be commercially valuable in future. Neither the United Nations Convention on the Law of the Sea (UNCLOS) nor the new High Seas Treaty (also known as the BBNJ Agreement) explicitly addresses patents or other intellectual property rights over marine organisms. Until this international legal gap is closed, these companies will aggressively attempt to establish their commercial monopoly over deep-sea genetic materials.

"The issue is of particular concern in Aotearoa New Zealand because of the potential clash between mātauranga Māori and international intellectual property law, which may result in biopiracy by foreign companies of traditional knowledge and rights in respect of marine resources and environment (including the cultural right of the relevant kaitiaki to exercise a rāhui (exploitation ban) over endangered resources).”