Deep Sea Miners’ Obligations to Transfer Technology Under UNCLOS and ISA Rules

INTRODUCTION Due both to the political history of UNCLOS and the sensitivity of the ocean floor and environment to man made impacts, both the Convention (including also the 1994 Amendment) and subsequent codification (such as the ISA draft code on Exploitation of Mineral Resources in the Area) put a focus on information about, and conveyance of, technology employed by interested deepsea mining companies, to inter alia the Authority and developing countries. In contrast, companies usually are (or by their nature should be) interested in safeguarding their technology and business secrets in order to secure unique selling propositions in a competitive environment. On the background of the meanwhile maturing regulatory régimes on deep sea mining, the presentation will look into some of the key regulatory provisions mirroring these apparently antagonistic interests, how the players involved could deal with them, and how they might in some cases be reconciled. Progress of Presentation The presentation will start by briefly examining some classical methods of protection of technology, such as patents, copyrights, and (not the least) secrecy. It will be found that some of the statutory means of protection due to their territorial character may face problems in being implemented in areas outside national jurisdiction, such as the Area, but that, thinking globally, they nevertheless retain much of their value for the purpose of protection. Depending on available presentation time, a model case may be used to illustrate the above – and also some of the following – findings.