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KMID : 1142220120070010069
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Regulatory Research on Food, Drug & Cosmetic
2012 Volume.7 No. 1 p.69 ~ p.81
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Strategy against Nagoya Protocol in the Field of Food, Drug and Cosmetic Industry
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Park Bo-Ram
Nam Doo-Hyun
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Abstract
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“Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization to the Convention on Biological Diversity”, which was adopted on 2010 and will enter into force in 2014, requires the prior informed consent for access to genetic resources (including traditional knowledge) as well as the mutually agreed terms for the benefit-sharing from their utilization. Following this Protocol, the States rich in genetic resources will strengthen their biological sovereignty and ask the fair and equitable benefit-sharing, which will bring extra burden in the use of foreign biological resources. Because this Protocol not only includes genetic resources but also their derivatives for benefit-sharing, there will be the greatest impact on health industry producing natural herb drugs, functional foods and functional cosmetics. In this article, the preemptive actions against this Protocol in the field of food, drug and cosmetic industries was suggested. Since it is expected that Korea Food and Drug Administration will play roles as a Check Point as well as a National Focal Point in implementing Nagoya Protocol, it is recommended that a newly improved biological resources DB used in food, drug and cosmetic area should be constructed based on current “Herb Medicine” website in order to minimize the impact of Nagoya Protocol on domestic health industry, and that some laws, bylaws and guidelines in the field of health area should be further revised or amended in order to regulate the implementation of Nagoya Protocol in the field of food, drug and cosmetic industry.
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KEYWORD
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Nagoya Protocol, genetic access, benefit sharing, natural product, health industry
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