국제협약상 식물유전자원의 보호에 관한 고찰

Abstract

The Study on Protection of Plant Genetic Resources in International Agreements Park, Hyun-Kyung PGR means seeds, plants, and plant parts useful in crop breeding, research, or conservation for genetic attributes. With developing plant biotechnology like a gene engineering, the importance of PGRs becomes very important. With the rise of biotechnology, controlling access to PGRs has become an important issue in international environmental and intellectual property laws. Under the CBD, PGRs are a part of national sovereignty. The objectives of the CBD are the conservation and sustainable use of genetic resources and the fair and equitable sharing of resulting benefit. This could conflict with the TRIPs. The TRIPs established minimum standards of IP protection. Article 27 provides that patents shall be available for any inventions, whether products or processes, in all fields of technology. In addition, the protection of plants varieties should be given by patents or effective sui generis system, or by any combination thereof. This article studies this conflicts between the CBD and the TRIPs relating PGRs. The author study the whole picture of the protection on PGR in international fora, then examine a respective agenda of international regimes. Finally the author suggest how international regime could develop in a stable, sustainable, and mutually beneficial way to protect PGRs.