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http://dx.doi.org/10.48022/mbl.2104.04015

Understanding the Access and Benefit-Sharing of Genetic Resources for Microbiology Researchers  

Lee, Jonghyun (ABS Research Support Center, Korea Research Institute of Bioscience and Biotechnology)
An, Minho (ABS Research Support Center, Korea Research Institute of Bioscience and Biotechnology)
Chang, Young-Hyo (ABS Research Support Center, Korea Research Institute of Bioscience and Biotechnology)
Publication Information
Microbiology and Biotechnology Letters / v.49, no.3, 2021 , pp. 269-282 More about this Journal
Abstract
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.
Keywords
Nagoya Protocol; genetic resources; access; benefit-sharing; ABS;
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  • Reference
1 Federal Agency for Nature Conservation, Government of Germany. 2016. Act Implementing the Obligations under the Nagoya Protocol and Transposing Regulation (EU) No. 511/2014.
2 EU ABS Regulation - REGULATION (EU) No 511/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 April 2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union.
3 World Federation for Culture Collection. 2016. Transparent Users-friendly System of Transfer (TRUST Guideline), pp. 1.
4 Lee JH, An MH, Lee SH, Chang YH. 2021. Implications of access and benefit-sharing of genetic resources for researchers. J. Plant Biotechnol. 48: 1-11.   DOI
5 Korea International Trade Association. 2017. Trade Brief. No. 23, p. 3.
6 Chang YH, An MH, Lee SH. 2017. Utilization of Genetic Resources and Associated Traditional Knowledge in Academic Research (ABS Guide series No. 5). pp. 62. ABS Research Support Center, Korea Institute of Bioscience and Biotechnology (KRIBB).
7 Park WS. 2017. A study on relationship between nagoya protocol and international treaty on plant genetic resources for food and agriculture - focus on possible policy and practical approaches for food and agricultural industries. Chung-Ang Law Review 19: 33-66.
8 Commission Implementing Regulation (EU) 2015/1866 of 13 October 2015 laying down detailed rules for the implementation of Regulation (EU) No 511/2014 of the European Parliament and of the Council as regards the register of collections, monitoring user compliance and best practices.
9 World Federation for Culture Collection. 2016. Transparent Users-friendly System of Transfer (TRUST Handbook), pp. 2.
10 Chang YH, An MH, Lee SH. 2018. Agreement on Access and Benefit-sharing for Academic Research (ABS Guide series No. 6). pp. 63. ABS Research Support Center, Korea Institute of Bioscience and Biotechnology (KRIBB).
11 Ministry of the Environment, Government of Japan. 2017. Guidelines on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization.
12 Biodiversity Conservation Agency, Vietnam Environment Administration, Ministry of Natural Resources and Environment, Government of Vietnam. 2109. Guidance Document for the Implementation of Decree no. 59/2017/ND-CP on the Management of Access to Genetic Resources and the Sharing of Benefits Arising from their Utilization.
13 Chang YH, Jin TE. 2013. A Guide to the Nagoya Protocol (ABS) for Researchers. pp. 93. ABS Research Support Center, Korea Institute of Bioscience and Biotechnology(KRIBB), Korea.
14 Hur I, Jeon JH. 2017. ABS of nagoya protocol and countermeasures of European Union. Environ. Law Rev. 39: 325-355.   DOI
15 Korea Biosafety Clearing House, KRIBB. 2016. Status of Access and Benefit-Sharing in 2015 (1). pp. 5.
16 Government of the Republic of Korea. 2017. The Act on Access to and Utilization of Genetic Resources and Benefit-Sharing (Law No. 14839).