생물다양성 특허에 대한 생물다양성협약과 무역관련지적재산권협정의 비교분석

A Comparative Analysis on Convention on Biological Diversity and Trade Related Intellectual Property Rights: With a focus on Patent of Biological Diversity

With the tremendous technological advances made in genetics and biology in recent years, the economic and commercial value of genetic resources has increased steadily. While the South possessing genetic resources advocates conservation of genetic resources, the North part using the resources has a preference for public use of genetic resources and private property right of bio-industrial products. These contradict interests resulted in the establishment of Convention on Biological Diversity (CBD) and the Trade Related Intellectual Property Rights (TRIPs). According to many studies a conflict relation exists between CBD and TRIPs with regard to ABS, as the two regimes operate under different assumptions with regard to property rights pertaining to genetic resources, the two treaties pursue distinctly different objectives. This paper examines why the conflict between the CBD and TRIPs exists by analyzing the nature and critical points of two treaties and explores alternatives that could resolve the conflicts between IPRs and protection of biodiversity.