Act on Access to and Utilization of Genetic Resources and Benefit-Sharing.

The purpose of this Act is to provide for necessary matters for implementing the Nagoya Protocol on Access to and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity; and for those for promoting the fair and equitable sharing of the benefits arising from accessing and using genetic resources and traditional knowledge associated with genetic resources thereby contributing to the conservation and sustainable use of biological diversity, improving the lives of the people, and promoting international cooperation.
The Act consist of 5 Chapters: General Provisions; Access to and Utilization of Domestic Genetic Resource(S) and Benefit-Sharing; Access to and Utilization of Foreign Genetic Resource(S) and Benefit-Sharing; Supplementary Provisions; Penalty Provisions.
The term “access” means acquiring specimen or substance of a genetic resource; orcollecting genetic resources and information regarding traditional knowledgeassociated with genetic resources; The term “utilization” means conducting research and development on the genetic andbiochemical composition of genetic resource(s), including through the application of biotechnology. In accordance with Article 13, paragraph 1 of the Nagoya Protocol, the national focal points and their duties include: 1.Ministry of Foreign Affairs: Liaising with the secretariat of the Convention on Biological Diversity; 2.Ministry of Environment: Disseminating information on access to and benefit-sharing of genetic resource(s). In accordance with Article 13, paragraph 2 of the Protocol, the competent national authorities and their fields of jurisdiction include: 1.Ministry of Science and ICT: Bio-resources in accordance with the Act on the Acquisition, Management, and Utilization of Biological Research Resources; 2.Ministry of Agriculture, Food and Rural Affairs: Agricultural bio-resources in accordance with the Act on the Conservation, Management, and Use of Agricultural Bio-Resources; 3.Ministry of Health and Welfare: Pathogenic organism resources in accordance with the Act on the Promotion of Collection, Management, and Utilization of Pathogen Resources; 4.Ministry of Environment: Biological resources in the field of wildlife in accordance with the Wildlife Protection and Management Act and biological resources in accordance with the Act on the Conservation and Use of Biological Diversity; 5.Ministry of Oceans and Fisheries: Marine and fisheries bio-resources in accordance with the Act on Securing, Management, Use, etc. of Marine and Fisheries Bio-Resources.
To support access to and utilization of genetic resource(s), the State shall formulate the following measures: 1.Providing current status on the research of access to and utilization of genetic resource(s); 2.Providing domestic and foreign information regarding access to genetic resource(s) and benefit-sharing procedures; 3.Protecting the rights of those who access and utilize genetic resource(s); 4.Providing other support to those who access or utilize genetic resource(s). The State shall formulate and implement policies necessary for systematically protecting and managing genetic resource(s). Where foreigners, overseas Koreans, foreign institutions, international organizations, and those other persons designated by Ordinance of the Ministry of Environment seek access to domestic genetic resource(s), they shall report such access to the head of the Competent National Authority, as prescribed by Presidential Decree.