브라질의 유전자원 DSI에 관한 법적 대응과 시사점

Discussions on extending the scope of access and benefit-sharing (ABS) beyond tangible genetic resources to include genetic resource–related information, namely digital sequence information (DSI), began primarily among biodiversity-rich developing countries at the Thirteenth Conference of the Parties (COP13) in 2016. These discussions were driven by concerns that, due to advances in technologies such as synthetic biology, the “utilization of genetic resources” no longer necessarily results in benefit-sharing as envisaged under the Nagoya Protocol. Consequently, the sharing of benefits arising from the use of DSI has emerged as a central issue within the framework of the Convention on Biological Diversity (CBD). Following intense negotiations between developed and developing countries, COP15 in 2022 decided to include DSI within the scope of benefit-sharing, and COP16 in 2024 further established the operational modalities of a multilateral mechanism, including a global fund, for sharing benefits derived from the use of genetic resource–related DSI. Like other developed countries, the Republic of Korea faces difficulties in adopting a clear legal position on DSI from the perspective of a user country of genetic resources. Korea’s domestic ABS legislation does not include DSI within the definition of genetic resources subject to benefit-sharing obligations. In contrast, several biodiversity-rich developing countries have already incorporated DSI into their domestic ABS laws enacted for the implementation of the Nagoya Protocol, thereby mandating the payment of usage fees. Brazil represents a prominent example of such countries, as it strongly advocates for a legally binding international benefit-sharing framework and has already imposed fees on the use of DSI through its domestic ABS legislation. Given that the specific criteria and scale of monetary contributions to the multilateral benefit-sharing mechanism, commonly referred to as the Cali Fund, have been deferred to COP17, Brazil’s explicit emphasis on the primacy of domestic law raises concerns regarding the potential for double charging of DSI-related benefits. This situation highlights the need to closely examine the key features of Brazil’s ABS regime and to monitor future developments in order to formulate appropriate legal and policy responses. While there is broad consensus within the international community on the establishment of the Cali Fund, significant divergences remain regarding mandatory contribution rates, modes of contribution, and the scope of application, all of which are expected to be resolved at the Seventeenth Conference of the Parties (COP17) scheduled for 2026. In response, Korea is actively participating in the negotiations with a focus on protecting domestic industries, while coordinating its position with like-minded countries such as Japan. Companies are also encouraged to closely monitor ongoing regulatory developments and to actively communicate their perspectives in order to respond effectively in cooperation with the government.