Background of Research
The Nagoya Protocol was adopted in 2010 and entered into force in 2014 as a supplementary agreement to the Convention on Biological Diversity (CBD). The Protocol aims at implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources, thereby contributing to the conservation and sustainable use of biodiversity.
Despite the importance of having a proper access and benefit-sharing (ABS) system to conserve and utilize the genetic resources, Korea still remains at its early stage of constructing one. A study on the pending issues regarding ABS and conservation and management systems of genetic resources is necessary to make a better ABS system.

Method of Research
Literature review and reference research is used to understand international treaties as well as ongoing discussions at the international level on ABS. Field study both in Korea and abroad is conducted to investigate the current situation of the conservation and management system of agriculture and forest genetic resources. Field study was conducted to investigate the ABS system in Switzerland, a user country and Costa Rica, a provider country. Advisory conferences were held to establish an improvement plan of the conservation and management system of genetic resources and examine the factors to consider upon introduction of the ABS system in Korea.

Research Results and Implications
The Nagoya Protocol is a voluntary ABS system between the provider and user that is implemented on the basis of PIC (prior informed consent) and MAT (mutually agreed terms). Therefore, when the user denies ABS for the reason that the source of genetic resource is unclear, the Protocol should be able to provide a guideline how to prove the source. The Protocol also needs to provide guidelines to resolve other issues arising from involuntary ABS.
The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) is an ABS system governed by FAO that focuses on 64 genetic resources for food and agriculture. It is a multilateral system implemented through a standard material transfer agreement (SMTA). One of the issues regarding ITPGRFA’s ABS is that the system may not be effective because it focuses more on facilitating access to genetic resources than sharing benefits arising from the utilization. Therefore, it should be considered to modify the treaty in the form that the benefit received by FAO is also shared with the provider of genetic resources.
Disclosing the source of genetic resources in patent application is under discussion at the World Intellectual Property Organization (WIPO). Currently, twenty-two member countries of WIPO make it a rule to disclose the source of genetic resources when applying for a patent. At the international level, the patent systems such as the Patent Cooperation Treaty (PCT) and the Patent Law Treaty (PLT) should be modified so that they include the disclosure requirement. Disclosing the source should be enforced in a way that penalty is imposed for those who do not comply with it, instead of making it mandatory.
The goal of Korean policy on the conservation and management of genetic resources is to contribute to conserving the natural environment and constructing a foundation of sustainable social development. While allowing for access to domestic genetic resources by foreign users, the origin of the genetic resources should be able to be proved. Various species of agriculture and forest genetic resources should be systematically collected, especially the ones that are originally from Korea. History, culture, and traditional knowledge related to genetic resources should be discovered and included in the genetic resources database so that the provider can assert the rights. Research should be conducted so that the genetic resources can be developed into a new material to be used in a functional product.
The ABS system of genetic resources should be composed in such a manner that it promotes sustainable use of genetic resources. In this context, laws and rules should be prepared for each of the three types of ABS systems, the Nagoya Protocol, the ITPGRFA, and disclosure of the source of genetic resources in patent application. And also, joining the international ABS system should be encouraged to ensure sustainable use of genetic resources.


Researchers: Kim Soosuk, Heo Jeonghoi, Lee Hyejin
Research Period: 2016. 1. ~ 2016. 10.
E-mail address: soosuk@krei.re.kr