생물다양성 특허에 대한 생물다양성협약과 무역관련지적재산권협정의 비교분석

With the tremendous technological advances made in genetics and biology in recent years,the economic and commercial value of genetic resources has increased steadily. While theSouth possessing genetic resources advocates conservation of genetic resources, the Northpart using the resources has a preference for public use of genetic resources and privateproperty right of bio-industrial products. These contradict interests resulted in theestablishment of Convention on Biological Diversity (CBD) and the Trade Related IntellectualProperty Rights (TRIPs). According to many studies a conflict relation exists between CBDand TRIPs with regard to ABS, as the two regimes operate under different assumptions withregard to property rights pertaining to genetic resources, the two treaties pursue distinctlydifferent objectives. This paper examines why the conflict between the CBD and TRIPs existsby analyzing the nature and critical points of two treaties and explores alternatives that couldresolve the conflicts between IPRs and protection of biodiversity.