Earticle

초록

영어

The Expansion of National Sovereignty and China's Legal System on Genetic Resources The tenth Conference of Parties of Convention on Biological Diversity adopted the Nagoya Protocol on the Access to Genetic Resources and the Fair and Equitable Sharing of Benefits on 29 October 2010 in Nagoya, Japan. In accordance with its Article 32, The Nagoya Protocol was opened for signature by Parties to the Convention from 2 February 2011 until 1 February 2012. In total, 92 countries have signed the Nagoya Protocol and 26 have already ratified it. The Nagoya Protocol will enter into force after ratification by fifty states. Recently EU has shown a move of ratifications for the Nagoya Protocol and Bolivia, Brazil, China, Colombia, Costa Rica, Democratic Republic of the Congo, Ecuador, Kenai, Madagascar, Malaysia, Peru, the Philippines, Venezuela, and the LMMC(Like-Minded Mega-diverse Countries) that have not ratified the Nagoya Protocol are increasing probability to ratify. Also, Many countries interested in ABS(access to genetic resources and benefit-sharing) has shown a move of ratifications. After the CBD in 1993, the objective of fair and equitable sharing of benefits arising from the utilization of genetic resources has been a big issue. To negotiate the international regime for ABS of genetic resources is a main mandate for in the past years and ABS becomes an inevitable international norm by the adoption of the Nagoya Protocol. The objective of the Nagoya Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and thereby contributing to the conservation of biological diversity and the sustainable use of its components. According to the Protocol, the main principles of ABS include that 1) it should approve the sovereign right of the nation-states on genetic resources, 2) it is required to obtain PIC(prior informed consent) from provider countries, and 3) users and providers of genetic resources should share benefits equally from the utilization of genetic resources, with the contract on the basis of MAT(mutually agreed terms). Parties to the Nagoya Protocol are required to enact related domestic laws and necessary administrative and politic actions, in order to enforce the principles of ABS. In these circumstances, each country is increasing the level of public awareness about Nagoya Protocol and protection of genetic resources through taking domestic measures. In particular, China that our largest trading partner is trying for protection of genetic resources and traditional knowledge associated with genetic resource and be watched intently foreign legislation and measures. If Nagoya Protocol will enter into force, With China that share the traditional knowledge associated with genetic resources of the same type, genetic resources dispute is foretold. And seen the entry into force of the Nagoya Protocol is a matter of time, can be seen to have reached the desired point in time to respond to this.

목차

Ⅰ. 서론
 Ⅱ. 유전자원의 중요성과 국가주권의 확대
 Ⅲ. 중국의 유전자원 현황과 정책
 Ⅳ. 중국의 유전자원 접근 및 이익공유 관련 조치
 Ⅴ. 결론
 ≪参考文献≫
 Abstract

키워드

유전자원 생물다양성협약 나고야의정서 이익공유 사전통보승인 상호합의조건 Genetic Resources Convention on Biological Diversity Nagoya Protocol Access and Benefit Sharing Prior Informed Consent Mutually Agreed Terms 遗传资源 生物多样性公约 名古屋议定书 获取和惠益分享 事先知情同意 共同商定条件

저자

• 허인 [ Huh, In | 한국지식재산연구원 법학박사 ]
• 문명섭 [ Mun, Myoung-Seob | 단국대학교 법학석사 ]

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