우리나라 유전자원의 접근허가제도 개선을 위한 제언

초록

Even though Korea’s ABS Act and its Implementation Decree have officially entered into force with the full enforcement since August 18, 2008, the several defects inherent in the Act and Implementation Decree have prevented them from being full-fledgedly enforced. This Paper presents those inherent shortcomings and suggests their remedies on the basis of Vietnamese ABS Decree as follows. First, Korean ABS Act does not contain the definition for “provider” for benefit-sharing in its Use of Terms and operational text..Second, Korean ABS Act and its Implementation lacks the clear sequence of access to Korean Genetic resources and contract for Benefit-sharing. Third, the Implementation Decree does not have the Benefit-sharing clause itself, even though its mother Act stipulates it.

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