한･중 FTA상 양국의 나고야의정서 관련 국내 법제 비교 연구

Abstract

“Nagoya Protocol” for the realization of the just and fair sharing of profits occurring from the use of biogenetic resources, the third purpose of the “Convention on Biological Diversity (CBD)” was officially implemented through each country’s signing on October 12, 2014. South Korea ratified the protocol on May 19, 2017, and China ratified it on June 18, 2016. They became the countries directly involved, and there are 105 countries directly involved in “Nagoya Protocol” in total as of August 2018. It is required for the countries directly concerned to take legislative, administrative and policy measures necessary for the implementation of the protocol, appropriately in accordance with this provision of “Nagoya Protocol.” Thus, South Korea and China enacted a professional legal system related to the protocol. South Korea enacted “Act on access to genetic resources and equitable benefit sharing” in 2017 and enacted “Enforcement decree of act on access to genetic resources and equitable benefit sharing” and “Enforcement rule of act on access to genetic resources and equitable benefit sharing,” which were already fully implemented on August 18, 2018. Also, in China, the Ministry of Environment announced “Ordinance for access to biogenetic resources and the management of benefit sharing (Draft)” in March 2017 and is collecting opinions. It is expected that the ordinance will soon be implemented. Meanwhile, South Korea and China announced a professional legal system related to “Nagoya Protocol” in 2017, but Chapter 17 Intellectual Property Rights of South Korea-China FTA, effective 2015 provides contents related to genetic resources. This is because genetic resources are overlapped, and the range of the genetic resources-related traditional knowledge shared is wide in the situation where South Korea imports large quantities of genetic resources from China. It is judged that, since it would be very likely to lead to trade disputes in the future, it seems that the cooperation system between the two countries was provided. Thus, this study would investigate genetic resources-related regulations in South Korea-China FTA, compare and analyze legislation related to “Nagoya Protocol” enacted recently and get prepared for the future dispute between the two countries.