생물다양성협약과 유전자원 관련 지식재산권 논의와 쟁점

Genetic resources and its relation to the protection of intellectual property is a controversial issue which has been one of the agendas of TRIP regarding biological diversity for the last ten years. Most of the nations agree with the protection of genetic resources and related traditional knowledge but the issue is how to do so. In order to resolve this problem, WIPO IGC was established in 2000 and up until now, they are discussing issues including access and benefit sharing and matters over intellectual property rights regarding traditional knowledge and folklore. With the adoption of 「Convention on Biological Diversity(CBD)」 in 1992, balanced stance and practical approach method to genetic resources is defined as a binding regulation. This convention ensures conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources and sovereignty of countries on Genetic Resources. Facing the year 2010 the year which UN has declared to be the International Year of Biodiversity, has hosted 10th Conference of the Parties(COP) in Nagoya, Japan and adopted the 「Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity」. This is a historic event in the scene of Access and benefit-sharing(ABS) of biodiversity. The adoption of the ABS Protocol and the following new ABS standards are expected to influence the discussion of WIPO IGC and TRIPS Council. In the WIPO ICG conference and the discussion related to having PIC and MAT mandatory in relation to the TRIPS and CBD, considering relevant matters of the ABS in patent-related works will be discussed. However, it should be noted that the purpose of the Convention on Biological Diversity and ABS Protocol is to preserve the biological diversity through the ABS on genetic resources and related traditional knowledge, and to contribute to the sustainable use of its components while the objective of the discussion of WIPO IGC is to protect genetic resources and traditional knowledge or to preserve them as an intellectual property. In the conclusion, minimum standards which were required by global community on access to genetic resources and benefit sharing need to be set forward to ensure stable and long-term protection of domestic genetic resources and its utilization. In the field of genetic resources, there is a possibility that we would be able to solidify our status as a user nation due to the continuous development of the bio-industry which comes after the advancement of biotechnology. Therefore, we should take counter measures on separate issues considering the stance of user nations in global discussions relevant to the field of genetic resources and traditional knowledge.