ABS 선례분석을 통한 국내 자생 생물자원의 주권적 권리확보 방안 연구

초록

This paper investigates to secure sovereignty rights on the native biological resources to copewithNagoya Protocol, themost compulsory international regime onABS. As a result of analysis on successful ABS cases, four criteria needed to be reviewed for securing sovereignty rights are deducted. These criteria could be summarized as follows: 1)Geographical range of biological resources, 2) Status of ownership of traditional knowledge, 3) Relationwith patent and 4) Procedures to ensureABS ownership. On the basis of these criteria, this study reviews the actual condition of the regulations and international regimes such as Convention on Biological Diversity and Nagoya Protocol to deduct the national counterplan for securing sovereignty rights. The result of this study is as follows. First, in-situ endemic species should be more conserved,restored, and discovered steadily. Secondly, database on traditional use should be established as evidential material considering similar culture area. Thirdly, terms and conditions of contract should be expeditiously decided depending on negotiation between parties because of absence of international regulations related with patent. Accordingly, international negotiating power on patent issue should be enhanced. Lastly, the proper actions in the procedures of successful ABS cases should be constantly reviewed to strengthen the national sovereignty rights on biological resources and be used in awisemanner.

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