Implications of access and benefit-sharing of genetic resources for researchers = 해외 유전자원의 취득과 이용에 관한 ABS 체계의 이해와 연구자 대응방안

Abstract

In the era of the Nagoya Protocol, the way researchers have perceived genetic resources needs to change-genetic resources are no longer a common heritage of mankind. Many countries have recently amended their legal systems and are ready to adopt new legal procedures for access and benefit-sharing (ABS) of genetic resources to implement the Nagoya Protocol, claiming their sovereign rights over these resources for research use. Although both Korean government and academics have been striving to respond to the Nagoya Protocol, the understanding of ABS among researchers and the governmental guidelines for the use of genetic resources are not satisfactory yet. Researchers may perceive the implementation of the Nagoya Protocol as another burden for their research. However, it is evident that resource-rich countries are more likely to protect their genetic resources than other countries, and this tendency is expected to last long. Therefore, Korean researchers need to be prepared to minimize any damage that might be caused by ABS. This paper aims to raise awareness of ABS among Korean researchers by reviewing the key contents and overall structure of the Nagoya Protocol. It also identifies ABS procedures and presents specific measures for researchers to respond to the resulting changes in their research environments. Accordingly, this paper will serve as a guide for researchers to conduct research and development in accordance with the Nagoya Protocol.