한·중 유전자원의 접근 및 이익에 대한 공유(ABS)관련 법제에 대한 비교연구

As state sovereignty had been reinforced for biological genetic resources considered as the common heritage of mankind, "Convention on Biological Diversity" came into effect in 1993 as an international regulation on the preservation of biological diversity and the utilization and conservation of genes. The goals of the Convention include preserving biological diversity, ensuring the sustainable utilization of its components, and the fair and impartial sharing of profits generated from the uses of biological genetic resources. Held to fulfill the last goal in Nagoya, Japan in 2010, the 10th Conference of the Parties of the Convention adopted a protocol on "Access to Genetic Resources and Benefit-Sharing"(hereinafter Nagoya Protocol), which came into effect on October 12, 2014. Nations around the world are taking great pains to prepare measures for the Protocol that will soon come into effect. China revised the Patent Act in 2008 and stipulated that the acquisition and origin of genetic resources should be explicitly stated in relation to patent rights and is currently having discussions to set full regulations with regard to the Nagoya Protocol. South Korea enacted "Act on Access to Genetic Resources and Benefit-Sharing" in 2012 and Enforcement Ordinance for "Act on the Conservation and Utilization of Biological Diversity" later and implemented both of them on February 2, 2013. Adjacent to China, South Korea imports a large amount of genetic resources from it and shares a broad range of conventional knowledge about them with it. It is naturally anticipated that China will be one of South Korea's major partners in relation to the Nagoya Protocol after it comes into effect, which is why the present study set out to compare and analyze South Korea and China in the ABS act and system and promote their understanding.