나고야의정서 상의 유전자원의 접근 및 이익공유에 대한 EU의 이행 현황

Abstract

Nagoya Protocol is an agreement that provides one of the CBD objectives: the fair and equitable sharing of benefits arising out of the utilization of genetic resource. However, coming into effect was unclear because of an equivocal settlement of sharp conflicts between the developed and developing countries due to the behind-the-scenes negotiation of Japan. But the negative climate changed by EU’s ratification, and the situation reversed after the effectuation in 2014 in Pyeongchang. Korea as a host country of COP12 could not ratify the agreement, giving the chairmanship to India. At that time, Korea recognized that the EU would ratify the protocol but the related Law no. 14533 were belatedly enacted on 17 January 2017 due to the different opinions between government departments. It is a matter to be regrettable judging from the fact that the bill submitted before COP12 is not significantly different from the present one. This law will be put into force from the day of ratification of Korea. Despite that Article 9 through 11, 15, 16, 22, 28 comes into effect on the anniversary following the day of effectuation, it seems meaningful in the sense that Korea has met the global demands to reinforce biological resource sovereignty, and prepared institutional basis for access registration and benefit sharing arising from the utilization of genetic resources. Concept of sharing benefits from genetic resources could be unfamiliar and difficult to understand. Therefore, national support and examination on the working-level response in the research and industrial field are necessary. This law comes into force from the day Nagoya Protocol takes effect in Korea. Since several articles take effect after a year from the effectuation, relevant industries and research institutes need to specifically respond to it. EU carried on more organized measures in spite of the similar time frame with Korea concerning the bill preparation, having a value of reference. Especially, measures such as Due Diligence that could be useful to the industries may be subject to active research. Thus, this report studies on the benefit sharing patterns and trends of each country, drawing implications necessary to Korea.