생물유전자원의 접근 및 이익의 공평한 공유(ABS) 국제레짐에 대응한 중국의 법제와 정책

Genetic resources are known to possess considerable economic value and also play a critical role to resolve food, health and environmental concerns. When Nagoya protocol, Korea signed in September 20, 2011, comes into force, genetic resources disputes can be expected with China especially in the area of traditional knowledge associated with genetic resources. This is because we have shared many similar kinds of traditional knowledge with China such as oriental medicine hence, some concerns are raised by health and medical industry. China as a providing country of genetic resources and especially is rich at traditional knowledge associated with genetic resources, it has high possibility to affect our interests in food and health areas. Since China has approached to preserve and utilize genetic resources as a strategic target, it shows that China's interest in this area and lessons that how to countermeasure. China utilizes almost all animals and plants in the planet as food and medicine. Therefore she may insist that study on animals and plants in East Asia is all included in her traditional knowledge. Especially, like mentioned above, since Korea and Japan are under the situation of sharing oriental medicine with China, we needs to prepare for future disputes about scope of traditional knowledge associated with genetic resources. China has not made ABS legislation although she is a party of Convention on Biological Diversity, and also participated ABS negotiations. China has emphasized, however, the importance of ABS through instruments of policy repeatedly. And also there are some important provisions to protect genetic resources by defining definition of genetic resources and patent in 「Patent Law」and 「Regulation on Patent Law」. And also there can be found a characteristic that genetic materials, traditional knowledge, and foklore are provisioned in intellectual property chapter not in environment chapter in China-New zealand FTA and China - Peru FTA. Hence, this paper provides China's ABS important policy and legislation overlapped and scattered here and there and shows a possibility how China arranges those ABS policy and legislation in the future.