• Korean Journal of Environmental Biology
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• v.22 no.2
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• pp.259-264
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• 2004

Convention on Biological Diversity has authorized national sovereignty over biological resources so that legislative framework should be established. In biological resources management, the access to biological resources and the benefit sharing arising out of their utilization are two most important steps. Bonn guidelines adopted by the 6th COP of the Convention on Biological Diversity contain MAT (Mutually Agreed Terms) and PIC (Prior Informed Consent) indispensable to implement the access and benefit-sharing process. MAT is contractual agreement between provider countries and use entities while PIC is a specific measure associated with consent prior to access to biological resources. Moreover, the guidelines include the responsibilities of national focal point and competent national authority, incentives and so on. Our laws related to access to biological resources have no items on benefit-sharing and intellectual property rights. The role of the competent national authority is very important to coordinate the organization controlling information availability, opening to the public, and intellectual property rights with other stakeholders. But, the national regulations must not interfere with academic studies on biological diversity and disobey the two objectives of the Convention on Biological Diversity, the conservation of biological diversity and its sustainable use.

• Korean Journal of Plant Resources
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• v.16 no.3
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• pp.169-180
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• 2003

Biodiversity is defined as totality of genetic, species, and ecosystem variability. It provides natural sources of crop improvement, traditional medicine and biotechnology. In 1993, the Convention on Biological Diversity(CBD) became a legally binding framework for conserving and utilizing global biological diversity. It recognizes national sovereign rights over all genetic resources, such as the need to compensate developing countries for the resources they have provided to the industrialized world. The CBD grants access to those resources in exchange for compensation as well as technology transfer, so that the access to genetic resources would be made under prior informed consent(PIC) and mutually agreed terms(MAT). On the other hand, the developed countries argued that unfettered exchange of genetic resources was essential for scientific research and development, and that technology using genetic resources should be protected. There are many countries today, developing legal frameworks concerned with access to their local genetic resources and benefit sharing. In this study, we analyzed the international trends for conservation of biodiversity and sustainable use of genetic resources, and suggested how to cope actively with the situation.

• Journal of Plant Biotechnology
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• v.48 no.1
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• pp.1-11
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• 2021

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.

• Journal of Arbitration Studies
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• v.29 no.3
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• pp.75-97
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• 2019

The growing importance of biological resources as sovereign rights to healthcare, energy, and food has sparked international discussions on Genetic Resources (GRs) and Traditional Knowledge (TK). As the bio-industry continues to grow, research and development utilizing patented biological resources are advocated. Currently, World Intellectual Property Organization (WIPO) is actively discussing GRs and TK, and an effective response to national interest has been sought. Of late, there have been growing disputes over issues like ownership, control, and access and benefit-sharing between indigenous peoples and users of GRs and TK resources. Resolution of disputes concerning GRs and TK are thus becoming critical not only to stakeholders such as the indigenous peoples and corporations, but also to third-party users. Due to the weakness of the current IP and court system however, such disputes are not addressed adequately. This paper will address the use of Alternative Dispute Resolution (ADR), which is an out-of-court dispute resolution system, on conflicting issues regarding GRs and TK. It will consider the WIPO as a forum for ADR and ADR for GRs and TK disputes and it will seek both parties in the dispute to benefit from the use of the ADR process.

• Journal of the Korea Society of Computer and Information
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• v.19 no.5
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• pp.79-87
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• 2014

In this paper, we propose contents sharing model for consolidating distributed collaboration environments. We provide the combined model by integrating different features-scalable resolution display walls resource, sharing contents on local and remote, multi-user interaction, and access control. There is a benefit that every user can interact within an environment, but overlaps would occur because of multi-user interaction. To manage overlap issue, the model includes access control. Access control would interfere flow of work process. Therefore, we conduct user study to evaluate these two factors of the model. The result shows that the proposed contents sharing model makes it possible to concentrate in a work.

• Journal of Environmental Policy
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• v.8 no.4
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• pp.1-24
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• 2009

As commercial use of genetic resources increases in modern society, calls for fair and equitable sharing of the benefits thereof have become increasingly prominent, particularly from developing countries. As a result, negotiations have been ongoing for the "International Regime on Access and Benefit Sharing (ABS)" for genetic resources as a successor to the non-binding Bonn Guideline. 2010 has been set as the target date for the Agreement. As South Korea is more likely to be a user country of genetic resources, it will be necessary for it to take part in the negotiating process and contribute to creating the International Regime on ABS, to ensure both appropriate access to genetic resources and fair and equitable sharing of the benefits arising there from. To develop appropriate response strategies for South Korea, it is critical not only to closely examine the negotiations within the framework of the CBD but also to engage in discussions within thescope of related international organizations and domestic legislation. To achieve this goal, it is imperative for South Korea to form a comprehensive Government Response System, composed of relevant governmental bodies including the Ministry of Foreign Affairs and Trade, and the Ministry of Environment, etc.

• Microbiology and Biotechnology Letters
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• v.49 no.3
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• pp.269-282
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• 2021

Following enforcement of the Nagoya Protocol (NP), in which the sovereign rights to genetic resources of countries are recognized, new legal obligations regarding access and benefit-sharing (ABS) that did not exist before have now been imposed on researchers. To implement the NP, many countries are introducing new procedures and regulations when a researcher wants to obtain genetic resources for commercial or noncommercial uses. It is therefore expected that resource-rich countries will adopt strong regulations to protect their genetic resources. In this regard, Korean microbiologists will need to respond to these changes to minimize the potential damages caused by the ABS. This paper reviews the key contents of the NP to raise its awareness among scientific researchers and further presents specific measures to meet the ABS obligations accordingly. For example, Korean researchers, in principle, do not need to acquire Prior Informed Consents (PICs) when they access Korean microbial resources for both commercial or research purposes. Nevertheless, when a foreign culture collection agency such as DSMZ requests a confirmation of compliance with the NP to deposit genetic resources, Korean researchers can also apply for a PIC with the Korean government as an exception. By referring to this article, microbiologists will be able to conduct their research in compliance with the NP while respecting the legal ABS obligations of each resource-providing country.

• Korean Journal of Environmental Biology
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• v.32 no.4
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• pp.397-402
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• 2014

In June 1992, Convention on Biological Diversity (CBD) was concluded by 158 countries in Rio de Janeiro. And now, 194 member nations are participating in discussions for their own profit. Recently, Nagoya Protocol regarding Access to genetic resources and Benefit-Sharing (ABS) was approved and took effect from October $12^{th}$, 2014. Thus, it is important to understand the impact of CBD and ABS functioning on researchers studying marine biodiversity. Until now, in the previous Conference of the parties to the Convention on Biological Diversity, the interest towards researching marine and marine living resources was relatively low, and accordingly, the discussions regarding marine and marine living resources were delayed. However, in the $12^{th}$ Pyeongchang Conference of the Parties to the Convention on Biological Diversity, the arguments concerning Ecologically or Biologically Significant marine Areas (EBSA) and the other marine related issues were discussed. Although, South Korea has not yet officially joined Nagoya Protocol, however the consultations in regard to Prior and Informed Consent (PIC), Mutually Agreed Terms (MAT) and Global Multilateral Benefit-Sharing Mechanism (GMBSM) were discussed. We belive that as a possessing nation of biological resources, South Korean government authorities should revise their management systems protocol and regulations concerning domestic biological resources, in order to strengthen the information system and help academia and industry to utilize the biological resources abroad easily and effectively.

• Korean Journal of Environment and Ecology
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• v.35 no.4
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• pp.336-346
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• 2021

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.

• Proceedings of the Korean Society of Crop Science Conference
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• 2017.06a
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• pp.51-52
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• 2017

"Plant genetic resources for food and agriculture" means any genetic material of plant origin of actual or potential value for food and agriculture. "Genetic material" means any material of plant origin, including reproductive and vegetative propagating material, containing functional units of heredity. (Internal Treaty on Plant Genetic Resources for Food and Agriculture, ITPGRFA). The "Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity (shortly Nagoya Protocol)" is a supplementary agreement to the Convention on Biological Diversity. It provides a transparent legal framework for the effective 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. The Nagoya Protocol on ABS was adopted on 29 October 2010 in Nagoya, Japan and entered into force on 12 October 2014, 90 days after the deposit of the fiftieth instrument of ratification. Its objective is the fair and equitable sharing of benefits arising from the utilization of genetic resources, thereby contributing to the conservation and sustainable use of biodiversity. The Nagoya Protocol will create greater legal certainty and transparency for both providers and users of genetic resources by; (a) Establishing more predictable conditions for access to genetic resources and (b) Helping to ensure benefit-sharing when genetic resources leave the country providing the genetic resources. By helping to ensure benefit-sharing, the Nagoya Protocol creates incentives to conserve and sustainably use genetic resources, and therefore enhances the contribution of biodiversity to development and human well-being. The Nagoya Protocol's success will require effective implementation at the domestic level. A range of tools and mechanisms provided by the Nagoya Protocol will assist contracting Parties including; (a) Establishing national focal points (NFPs) and competent national authorities (CNAs) to serve as contact points for information, grant access or cooperate on issues of compliance, (b) An Access and Benefit-sharing Clearing-House to share information, such as domestic regulatory ABS requirements or information on NFPs and CNAs, (c) Capacity-building to support key aspects of implementation. Based on a country's self-assessment of national needs and priorities, this can include capacity to develop domestic ABS legislation to implement the Nagoya Protocol, to negotiate MAT and to develop in-country research capability and institutions, (d) Awareness-raising, (e) Technology Transfer, (f) Targeted financial support for capacity-building and development initiatives through the Nagoya Protocol's financial mechanism, the Global Environment Facility (GEF) (Nagoya Protocol). The Rural Development Administration (RDA) leading to conduct management agricultural genetic resources following the 'ACT ON THE PRESERVATION, MANAGEMENT AND USE OF AGRO-FISHERY BIO-RESOURCES' established on 2007. According to $2^{nd}$ clause of Article 14 (Designation, Operation, etc. of Agencies Responsible for Agro-Fishery Bioresources) of the act, the duties endowed are, (a) Matters concerning securing, preservation, management, and use of agro-fishery bioresources; (b) Establishment of an integrated information system for agro-fishery bioresources; (c) Matters concerning medium and long-term preservation of, and research on, agro-fishery bioresources; (d) Matters concerning international cooperation for agro-fishery bioresources and other relevant matters. As the result the RDA manage about 246,000 accessions of plant genetic resources under the national management system at the end of 2016.