생물유전자원 접근 및 이익공유(ABS) 국제규범과 각국의 대응법제에 관한 연구

during the last years, so that we could be available by free access. However, in recent years, as the value of biological genetic resources is highly appreciated many countries that make a national interest through the commercial utilization of this technology are emerging so technology development and the industry using biological genetic resources develops rapidly. Nagoya Protocol on access and benefit sharing of biological genetic resources adopted by the 10th Conference of the Parties of the Convention on Biological Diversity in 2010 regulates that if you want to use the traditional knowledge associated with genetic resources or genetic material that has actual or potential value among biological genetic resources, that is, the plant.the animal.the microbial or other originated material containing functional units of heredity, this access should be made by the PIC(Prior Informed Consent), and for the profit generated by using the genetic resources, the Country Using Genetic Resources and the Country Providing Genetic Resources should share this benefit in accordance with MAT(Mutually Agreed Terms) concluded in advance. On the other hand while genetic resource-rich countries are mainly developing countries, the technology to commercialize genetic resources are mainly in the developed countries realistically. If the benefit-sharing on genetic resources Nagoya Protocol regards as its ideal is better implementation, profits and incomes of developing countries is increasing, the poverty is being solved through the technology transfer and the problem of the global gap between the rich and the poor seems to be resolved to some extent. However, the Nagoya Protocol provisions contain uncertainty and ambiguity so it is expected that there is a discrepancy in interpretation of rules between the Countries Using Genetic Resources and the Countries Providing Genetic Resources and so with respect to the implementation significant conflict happens.