Understanding the access and benefit-sharing of genetic resources for environmental ecology researchers = 나고야의정서 이행에 따른 ABS 체계의 이해와 환경생태분야 연구자의 대응방안

Abstract

The enforcement of the Nagoya Protocol, which regulates the acquisition and use of genetic sources, an essential material for biotechnology R&D, has imposed a burden for additional documentation works to researchers. In the past, countries regarded genetic resources as a common human heritage and thus allowed researchers to use them freely. However, they can no longer afford the luxury of such freedom now since many countries are introducing new laws and regulations on the acquisition and use of the resources as the Nagoya Protocol recognizes the exclusive ownership of genetic resources. Therefore, Korea, which is highly dependent on foreign genetic resources, needs a more systematic response. This paper aims to review the key contents of the Nagoya Protocol to raise awareness among domestic and foreign genetic resource users, including researchers of environment and ecology and present the overall structure, and flow of acquisition, access, and benefit sharing (ABS) for the use of foreign genetic resources to help them respond appropriately to the new landscape. The researchers’ efforts and support at the national level are necessary at the same time to appropriately respond to the Nagoya Protocol. First, the researchers must understand the overall framework and the specific response in each stage under the Nagoya Protocol scheme. It is necessary to respond to the ABS procedure of the resource provider country from accessing genetic resources to sharing benefits resulting from it. In that regard, the Nagoya Protocol has imposed more restrictions on research activities and raised the burden outside of research. The current trend of recognizing the country's sovereign rights over genetic resources is likely to continue and widespread worldwide as resource-rich countries are expected to continue protecting their resources. Therefore, our study will help environmental ecology researchers understand ABS and conduct research under the Nagoya Protocol and legal obligations of resource provider countries step by step, from access to benefit sharing.