ACT ON ACCESS TO AND UTILIZATION OF GENETIC RESOURCES AND BENEFIT-SHARING

Article 1(Purpose) #

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.

Article 2(Definitions) #

The definitions of terms used in this Act shall be as follows:

1. The term “genetic resources” shall have the meaning ascribed thereto in subparagraph 4 of Article 2 of the Act on the Conservation and Use of Biological Diversity;

2. The term “traditional knowledge” means knowledge, innovations, practices of individuals or local communities embodying traditional lifestyles relevant for the conservation and sustainable use of genetic resources;

3. The term “access” means acquiring specimen or substance of a genetic resource; or collecting genetic resources and information regarding traditional knowledge associated with genetic resources (hereinafter referred to as “genetic resource(s)”);

4. The term “utilization” means conducting research and development on the genetic and biochemical composition of genetic resource(s), including through the application of biotechnology;

5. The term “benefits” means monetary benefits, including, but not limited to, royalties and income, from utilizing genetic resource(s), and non-monetary benefits, including, but not limited to, sharing of research results and transfer of technology.

Article 3(Applicability) #

This Act shall not apply to any of the following:

1. Human genetic resource(s).;