농업·농촌관련 토착자원의 권리보호체계 수립 방안

Abstract

요 약

이 연구는 농업·농촌 관련 생물유전자원과 전통 지식의 관리·보존 실태를 분석하고, 이 분야에 대한 국제협약 및 국제적 논의를 검토하여 이에 상응하는 체계적인 관리·보호 방안을 제시함을 그 목적으로 한다. 이러한 목적에 따라 연구 내용은 다음과 같이 구성된다. 먼저 제2장에서는 토착자원의 개념과 중요성이 검토되고, 제3장에서 농업?농촌 관련 토착자원의 관리·보호 실태가 조사된다. 제4장에서는 토착자원의 이용과 권리에 대한 국제협약 및 국제적 논의가 분석되었다. 마지막 제5장에서는 농업·농촌 관련 토착자원의 체계적 관리와 권리 보호를 위한 개선 방안이 제시된다.

ABSTRACT

A Study on Protection Systems of Agriculture-related Indigenous Resources The purpose of this study is to analyze the conservation and protection status of indigenous resources and to check the views of international organizations about such resources. It is also designed to suggest ways how to conserve and protect indigenous genetic resources and traditional knowledge for their sustainable use. Indigenous resources are composed of indigenous genetic resources, community-based specialty products and traditional knowledge. Presently, indigenous resources are poorly conserved and protected. The management systems of genetic resources are mainly designed for using resources, not for conserving them. The management agencies of indigenous resources do not share their information with each other, so that the information and data are not available for common use. In the case of community-based specialty products and traditional knowledge, although it is promoted that these resources are prospected, they are not systematically managed. In these circumstances, the protection of the rights to indigenous resources is hardly achieved. For the systematic conservation and protection of indigenous resources, the following measures can be suggested: 1) A united management system should be introduced for the systematic conservation of genetic resources. If it occurs, common use of the information and data among management agencies can be realized, and the whole process such as investigation, prospecting, evaluation and conservation can be pursued under a plan by a coordinate agency. 2) Collection and conservation of indigenous genetic resources should be promoted. The purpose of collection is to prospect all species of indigenous genetic resources, which are described in the literature. 3) For biotechnical use of genetic resources, all important genetic characters of species should be turned into database. In other words, not only the evaluation about characteristic form of genetic resources, but also the evaluation about practical use should be conducted. 4) Conservation technology for genetic resources, especially indigenous genetic resources, should be developed continuously. 5) Human and financial resources for preserving and managing genetic resources should be expanded. Investment in technological advances is the first and foremost priority to be considered. 6) In order to protect the rights to genetic resources, the access and benefit shares(ABS) agreement should be executed. The ABS agreement enables foreigners with the prior informed consent(PIC) of the holders of such resources to collect and use genetic resources. Also, it is necessary to sign the ABS agreement with foreigners to commercialize genetic resources. For the systematic conservation and protection of community-based specialty products and traditional knowledge, the following measures can be suggested: 1) After the evaluation of prospected local resources, the selected community-based specialty products and traditional knowledge should be registered as "community resources". This registered traditional knowledge will be subject to the ABS agreement. 2) Registered traditional knowledge will be applied as a preceding technology for invention (i.e., patent). 3) Traditional knowledge should be protected as a trade secret. 4) Community-based specialty products can also be protected efficiently by geographical indications. However, to make practical use of these indications, improvement of the present system is required. First of all, the objects of geographical indication should be more extensively applied from agricultural products to all community-based special products. Second, the contents of geographical indications, which are now in the form of quality certification, should be replaced with intellectual property rights.

Researcher: Su-Suk Kim E-mail Address: soosuk@krei.re.kr