FTA에서 유전자원 및 관련 전통지식의 지식재산권적 보호방안에 관한 연구

Genetic resources and traditional knowledge associated with genetic resources themselves can not be protected by intellectual property rights. Intellectual property rights, however, can be used as a tool for fair and equitable benefit-sharing. Namely, genetic resources and traditional knowledge associated with genetic resources can be protected by intellectual property rights such as patents and geological indications. Recently, the ways of protection of genetic resources and traditional knowledge associated with genetic resources through intellectual property rights are also discussed in FTAs. For example, TRIPs-plus provisions related to biodiversity are discussed in FTAs concluded with United Stares of America(USA). Those USA FTAs enlarge patentability of life forms and demand FTA parties to ratify 1991 version UPOV. These TRIPs-plus provisions will affect multilateral trade agreements in the future. Meanwhile, FTAs with developing countries discuss disclosure requirements of inventions based on genetic resources and traditional knowledge associated with genetic resources. Until now, Korea as a user country of genetic resources has negotiated appropriate provisions related to biodiversity. But now it is time to have strategy in FTAs to discuss specific requirements and disclosure requirements because Nagoya protocol came into force.