나고야 의정서 이행에 있어 금전적 이익공유에 대한 고찰 - 브라질, 인도의 입법적 조치를 중심으로 -

There are many difficulties found in implementing Nagoya Protocol, a supplementary agreement to the Convention on Biological Diversity, as a domestic law of each party. In particular, determination of fair and equitable benefit sharing by Mutually Agreed Terms, which is private contract in nature, is causing major uncertainty to R&D sector using genetic resources. Meanwhile, it is worthy of notice that Brazil and India, two major biodiversity rich countries, have issued specific guideline on monetary benefit sharing which include royalty rate on genetic resources. Considering rarity of such guideline and confidentiality of most of commercial MAT, these guideline can function as useful reference to ABS negotiation and implementing legislation. The concept of "fair and equitable benefit sharing" is in process of evolution and mutual consideration between providing countries and user countries is important for achieving genuine purpose of ABS.