접근규제와 이익공유를 위한 효율적인 생물유전자원 관리 방안

Abstract

- Convention on Biological Diversity has authorized national sovereigntyover biological resources so that legislative framework should be established. Inbiological resources management, the access to biological resources and the benefitsharing arising out of their utilization are two most important steps. Bonn guidelinesadopted by the 6th COP of the Convention on Biological Diversity contain MAT(Mutually Agreed Terms) and PIC(Prior Informed Consent) indispensable toimplement the access and benefit-sharing process. MAT is contractual agreementbetween provider countries and use entities while PIC is a specific measure associatedwith consent prior to access to biological resources. Moreover, the guidelines includethe responsibilities of national focal point and competent national authority,incentives and so on. Our laws related to access to biological resources have no itemson benefit-sharing and intellectual property rights. The role of the competent nationalauthority is very important to coordinate the organization controlling informationavailability, opening to the public, and intellectual property rights with otherstakeholders. But, the national regulations must not interfere with academic studieson biological diversity and disobey the two objectives of the Convention on BiologicalDiversity, the conservation of biological diversity and its sustainable use.