유전자원 관련 전통지식의 출처공개에 대한 국제적 동향 및 전망

Currently, the Intergovernmental Committee (IGC) of the World Intellectual Property Organization (WIPO) is discussing genetic resources, traditional knowledge and traditional culture and intellectual property. The core of this discussion is about the ‘disclosure requirement’ of traditional knowledge associated with genetic resources, and ultimately how to introduce an international regulatory system. In other words, through these discussions, it is intended to contribute to the protection of traditional knowledge, the protection of indigenous peoples and local communities (IPLC), the transparent use of traditional knowledge, and the facilitation of user behavior. The basis for this is to clarify who the ‘providers’ of traditional knowledge associated with genetic resources are for fair and equitable sharing of the benefits arising from their use. This will be more advantageous to provider countries that have traditional knowledge associated with genetic resources rather than developed countries that use traditional knowledge associated with genetic resources. However, since the Convention on Biological Diversity (CBD) and the Nagoya Protocol do not require ‘disclosure requirement’, this is at the discretion of the state. Therefore, until the final result of the WIPO IGC is drawn, it is necessary to pay attention to the access and benefit-sharing (ABS) legislation of the country concerned. However, as the international implementation trend of the Nagoya Protocol increases in the future, the possibility of disclosure requirement is expected to increase. If the country already has a database of traditional knowledge information, this means that it is also possible to implicitly disclose the source, so ‘partial disclosure’ of traditional knowledge may be necessary. In this way, if the disclosure requirement of traditional knowledge is introduced through a partial disclosure method, the traditional knowledge associated with genetic resources and the rights of the holder will be strengthened. It will also contribute to the achievement of the objectives of the CBD and the Nagoya Protocol, and to enhance the transparent operation of access to traditional knowledge associated with genetic resources. Furthermore, it will provide convenience to users of traditional knowledge and alleviate the burden of the registration office through active disclosure of information. As such, it will significantly contribute to the efficient operation of the PIC and MAT system for traditional knowledge associated with genetic resources. However, as in the WIPO draft international legal document, when the source is disclosed, it will be possible to disclose who the holder of traditional knowledge is, excluding ‘important content’ such as the nature or characteristics of traditional knowledge. And these users will have to comply with the content related to the disclosure requirement according to the guidelines provided by the Party. For this purpose, it will be necessary to properly catalog or categorize traditional knowledge.