유전자원 관련 전통지식의 접근 및 이익 공유를 위한 페루 정부의 관련법제 분석 및 정책적 시사점

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (“Nagoya Protocol”) to the Convention on Biological Diversity was adopted on October 29, 2010 in order to air and equitable sharing of the benefits arising out of the utilization of genetic resources. Peru has already enforced its measures to protect their genetic resources and traditional(collective) knowledge associated with genetic resources. In order to access to traditional knowledge held by indigenous peoples, the users need to get the prior informed consent from the representative of indigenous peoples’ organization and the license contract has to be made having a benefit-sharing clauses. The study on the Peruvian laws gives important implications on users of traditional knowledge associated with genetic resources and our government's policy and legislative planning for the implementation of the Nagoya Protocol in Korea. It would be useful to fully understand the provider countries’ laws and policies in advance of its access and the users require due attention if they get the genetic resources or traditional knowledge from a third party rather than a direct dealing with a provider country. In addition, the users must remain compliance at all times. The government of Korea also need to prepare an effective implementation of the Nagoya Protocol. In order to achieve this aim, the government need to examine thoroughly whether the different notification requirement between foreigners and natives can be accorded in their implementation Bill, and they need to find the ways how to protect Korean traditional knowledge which is not protected by the Nagoya Protocol.