유전자원에 관한 국가주권의 확대와 중국의 법제

Abstract

The Expansion of National Sovereignty and China's Legal System on Genetic Resources The tenth Conference of Parties of Convention on Biological Diversity adopted the Nagoya Protocol on the Access to Genetic Resources and the Fair and Equitable Sharing of Benefits on 29 October 2010 in Nagoya, Japan. In accordance with its Article 32, The Nagoya Protocol was opened for signature by Parties to the Convention from 2 February 2011 until 1 February 2012. In total, 92 countries have signed the Nagoya Protocol and 26 have already ratified it. The Nagoya Protocol will enter into force after ratification by fifty states. Recently EU has shown a move of ratifications for the Nagoya Protocol and Bolivia, Brazil, China, Colombia, Costa Rica, Democratic Republic of the Congo, Ecuador, Kenai, Madagascar, Malaysia, Peru, the Philippines, Venezuela, and the LMMC(Like-Minded Mega-diverse Countries) that have not ratified the Nagoya Protocol are increasing probability to ratify. Also, Many countries interested in ABS(access to genetic resources and benefit-sharing) has shown a move of ratifications. After the CBD in 1993, the objective of fair and equitable sharing of benefits arising from the utilization of genetic resources has been a big issue. To negotiate the international regime for ABS of genetic resources is a main mandate for in the past years and ABS becomes an inevitable international norm by the adoption of the Nagoya Protocol. The objective of the Nagoya Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and thereby contributing to the conservation of biological diversity and the sustainable use of its components. According to the Protocol, the main principles of ABS include that 1) it should approve the sovereign right of the nation-states on genetic resources, 2) it is required to obtain PIC(prior informed consent) from provider countries, and 3) users and providers of genetic resources should share benefits equally from the utilization of genetic resources, with the contract on the basis of MAT(mutually agreed terms). Parties to the Nagoya Protocol are required to enact related domestic laws and necessary administrative and politic actions, in order to enforce the principles of ABS. In these circumstances, each country is increasing the level of public awareness about Nagoya Protocol and protection of genetic resources through taking domestic measures. In particular, China that our largest trading partner is trying for protection of genetic resources and traditional knowledge associated with genetic resource and be watched intently foreign legislation and measures. If Nagoya Protocol will enter into force, With China that share the traditional knowledge associated with genetic resources of the same type, genetic resources dispute is foretold. And seen the entry into force of the Nagoya Protocol is a matter of time, can be seen to have reached the desired point in time to respond to this.