생물다양성협약상 전통지식 보호를 위한 논의동향 - 전통지식에 대한 접근, 이익 공유 그리고 무단 접근의 보고 및 예방을 위한 지침을 중심으로 -

Abstract

CBD COP 4 adopted the programme of work on Article 8(j) and related provisions to protect traditional knowledge. In decision X/43, the Conference of the Parties revised the programme of work and decided to maintain a number of ongoing tasks. Especially, Task 7 provides that the Working Group is “to develop guidelines for the development of mechanisms, legislation or other appropriate initiatives to ensure: (i) that indigenous and local communities obtain a fair and equitable share of benefits arising from the use and application of their knowledge, innovations and practices; (ii) that private and public institutions interested in using such knowledge, practices and innovations obtain the prior informed approval of the indigenous and local communities; (iii) advancement of the identification of the obligations of countries of origin, as well as Parties and Governments where such knowledge, innovations and practices and the associated genetic resources are used. In addition, Task 12 provides that the Working Group is “to develop guidelines that will assist Parties and Governments in the development of legislation or other mechanisms, as appropriate, to implement Article 8(j) and its related provisions (which could include sui generis systems), and definitions of relevant key terms and concepts in Article 8(j) and related provisions at international, regional and national levels, that recognize, safeguard and fully guarantee the rights of indigenous and local communities over their traditional knowledge, innovations and practices, within the context of the Convention. This Paper provides an overview of relevant work to respect, protect, and conserve traditional knowledges held by IPLC within the context of the Convention on Biological Diversity and the Nagoya Protocol. It also identifies other relevant international processes. Furthermore, it identifies possible elements for proposed draft guidelines. Finally, it suggests a draft recommendation for the consideration of the Working Group.