국내 유전자원 이용에 따른 상호합의조건규정 도입을 위한 소고

Abstract

In order to implement the nagoya protocol successfully at the national level, clear rules for access and benefit-sharing(ABS) should be included on its implementation Act. As an user-friendly country, Korea requires very simple ABS rules by requiring notification procedures in cases of foreigners’ access, and by demanding agreed benefit-sharing. According to Article 6 paragraph 3(g), Parties requiring Prior Informed Consent should establish the clear rules and procedures for requiring Mutually Agreed Terms(MATs), and Korea has an obligation to do so. Korea, however, does not have any relevant regulations for MAT on its implementation Act, but rather, it only simply requires provider and user to agree their benefit-sharing. This paper, therefore, identifies what factors should be taken into account based on the ideas of protecting our genetic resources located in Korea. As a provider country, clear benefit-sharing and MATs rules are necessary as well as an access rule. Here are some suggestions and ideas to amend our current benefit-sharing rules: First, Korea should clarify time period for signing MATs. Having the MAT is not mandatory requisite, but Korea should limit the time period if the MAT is going to made after access is allowed. Second, the implementation Act should mention the MAT must be set out in writing and enumerate some terms that may include in the MATs. Third, which is very important and carefully discussed, Korea should closely examine whether benefit-sharing is required only for foreigners or both foreigners and Korean. If Korea decides the former option, the provision should be carefully made not to cause international trade disputes due to violation of national treatment. Lastly, there should be national authority for advising Korean providers, and the Korean government’s active support for raising public awareness and capacity building.