Seafood Without the Sea: Article 20 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, the ‘Justifiability Test’ and Innovative Technologies in a Sustainable Blue Economy

Abstract

Abstract With the growing global demand for seafood and ocean ecosystems increasingly at risk, advances in the field of cellular aquaculture provide a unique opportunity to foster sustainable fisheries. However, the successful commercialization of cell-based seafood requires the adoption of the regulation on product labelling. This article explores the trademarks issues of cell-based foods specifically and whether these types of intellectual property rights can contribute to the promotion of sustainable fisheries in the so-called ‘blue economy’. It examines the extent to which international trademark protection has the ability to contribute to better ocean governance by accommodating higher public policy imperatives, the recent case law on Article 20 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, and the newly adopted ‘justifiability test’ for special requirements as they apply to trademarks. It appraises some of the legal implications for the regulatory design of domestic labelling regulation as they apply to cell-based seafood.