유전자원의 접근과 이익공유(ABS) 사례연구를 통한 국내 산림,임업분야 대응과제 고찰 = Considerations of Countermeasure Tasks in the Fields of Forest and Forestry in Korea through Case Study on The Nagoya Protocol (Access to Genetic Resources and Benefit Sharing)

다국어 초록 (Multilingual Abstract)

The aim of this study is to draw forth the tasks for establishing the right of native biology in Korea through the case study on ``Access on genetic resources and Benefit Sharing``. For this purpose, this study decided on its research subject by selecting Hoodia, on which ABS treaty was made the most recently, through the examination of the representative ABS precedents on plant species. This study analyzed the process background of ABS on Hoodia, and compared & analyzed the ABS procedures of ``Bonn Guidelines`` adopted by the 6th Conference of the Parties of the Convention on Biological Diversity in 2002 and Hoodia case. Together with the ABS major issues in common drawn as a result of this analysis, and Nagoya Protocol adopted by the 10th Conference of the Parties of the Convention on Biological Diversity, this study intended to shed a light on the impending tasks which Korea faces at present and its role relationship. The research results are as follows: 1. It is required that species habitats should be divided based on biological classification and its subsequent community should be established with the development of infrastructure such as a community`s independent production, management and monitoring of bio-species. 2. There needs to be a designation of ABS National Focal Point for sharing of ABS-related general information, boosting of implementation of the relevant convention. 3. There needs to be the establishment of ABS convention system consequent on legislative, administrative, political procedures, and designation of the Competent National Authorities for the provision of the format of Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT) and their contents assessment and confirmation. 4. There should be the establishment of integrated management system of ABS-related research and development of forest biological resources and its relevant research projects. 5. There should be information development through the distribution of responsibility and role between the ministries and offices concerned according to bio-resources, and there needs to be efforts in aiming for opening a working group of academic-industrial institutions for developing a mutually interchangeable system. 6. It`s required that the efficient access between industrial circles and the people should be promoted by setting up ABS support center of biological resources in ministry and office`s charge. 7. There should be a selection of a national supervisory organization for securement of the right of a local community and monitoring of ABS convention implementation, and a countermeasure system for preventing outflow of forest bioresources. Conclusively, it`s judged that it will be possible to inquire into the countermeasures for the establishment of the native forest biology dominion through such research results.

참고문헌 (Reference)

• 1 박정미, "전통지식과 생물유전자원의 접근 및 이익공유(ABS). 전통지식 발굴DB구축 및 보호 방안 세미나 자료집"
• 2 정성춘, "유전자원 접근 및 이익공유 영향분석 및 대응체계 구축연구" 환경부 2009
• 3 신원혜, "와 특허. 생물자원 이용, 국제 규범을 논하다! - 유전자원의 접근 및 이익공유(ABS) 제2차 인식제고 세미나 자료집"
• 4 신지연, "신지식재산권의 동향조사 및 효율적 정책 대응 방안" 특허청 2010
• 5 환경부, "국가생물다양성전략 및 이행계획"
• 6 정성춘, "「나고야 의정서」의 주요 내용과 의미" 10 (10): 1-8, 2010
• 7 Working Group of Indigenous Minorities in Southern Africa (WIMSA), "WIMSA annual report" 2005
• 8 Working Group of Indigenous Minorities in Southern Africa (WIMSA), "WIMSA annual report" 2004
• 9 Oli, K.P., "Towards an access and benefit sharing framework agreement for the genetic resources and traditional knowledge of the hindu kush-himalayn region" International Centre for Integrated Mountain Development 2010
• 10 Dutfield, G., "Thinking aloud on Disclosure of Origin" Quaker United Nations Office (QUNO) 2005
• 11 The Ministry of the Environment of Japan (MOEJ), "The Third National Biodiversity Strategy of Japan"
• 12 "South African Patent No. 983170"
• 13 South African National Biodiversity Institute (SANBI), "South Africa's fourth National Report to The Convention on Biological Diversity" 2009
• 14 Crouch, N.R., "South Africa's bioprotecting, access and benefit-sharing legislation: Current realities, future complications, and a proposed alternative" 104 (104): 355-366, 2008
• 15 Wynberg, R., "Rhetoric, Realism and Benefit-Sharing Use of Traditional Knowledge of Hoodia Species in the Development of an Appetite Suppressant" 7 (7): 851-876, 2004
• 16 The Secretariat of the Convention on Biological Diversity (SCBD), "National Focal Points"
• 17 Ministry of Environment and Forests Government of India, "India’s Fourth National Report to the Convention on Biological Diversity" 2009
• 18 European Union, "Fourth National Report of the European Community to the Convention on Biological Diversity"
• 19 "Convention on Biological Diversity Article 15"
• 20 Vermeylen, S., "Contextualizing ‘fair’ and ‘equitable’: The san's reflecting on the hoodia benefit-sharing agreement" 12 (12): 423-436, 2007
• 21 World Intellectual Property Organization (WIPO), "Case Study Hoodia Plant. Intellectual Property (IP) research paper" 2008
• 22 Environment Canada, "Canada’s 4th National Report to the United Nations Convention on Biological Diversity" 2009
• 23 The Secretariat of the Convention on Biological Diversity (SCBD), "Bonn guidelines on access to genetic resources and fair and equitable sharing of the benefits arising out of their utilization"
• 24 Mayet, M, "Biopiracy under fire: The pelargonium patent hearing" the African Center for Biosafety 2010
• 25 Australia Natural Resource Management Ministerial Council, "Australia's Biodiversity Conservation Strategy"
• 26 Republic of Philippines, "Assessing progress towards the 2010 biodiversity target: The 4th National Report to the Convention on Biological Diversity" 2009
• 27 Mathambo Nagakaeja, "An Overview of the San Hoodia ABS Experience" 2006
• 28 Porzecanski, A. L., "Access to genetic resources: An evaluation of the Development and implementation of recent regulation and access agreements. Columbia university school of international and public affairs" Columbia University 17-61, 1999
• 29 유주영, "Access and benefit-sharing: Types of dispute & checklist before entering into an agreement. 생물유전자전의 접근 및 이익공유(ABS) 국제세미나 자료집"
• 30 Laird, S., "Access and Benefit-Sharing in Practice: Trends in Partnerships Across Sectors" 38 (38): 83-89, 2008
• 31 Henne, G., "Access and Benefit-Sharing (ABS): An Instrument for Poverty Alleviation - Proposals for an International ABS Regime" German Development Institute 2003
• 32 International Institute for Sustainable Development, "ABS Management Tool - Best practice standard and Handbook for implementing genetic resource access and benefit-sharing activities" 2007
• 33 환경부, "ABS Guidebook -본 가이드라인에 기초한 생물유전자원의 접근 및 이익공유 지침서"
• 34 Wynberg, R, "A review of benefit-sharing arrangement for biodiversity prospecting in South Africa" IUCN 2003