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• Q [General InformationㆍProcedures] [Entity Responsible for PIC ] The owner of foreign genetic resources, such as the owner of the habitat of genetic resources, has granted permission for the genetic resources to be taken freely without any conditions. In this case, is it still necessary to obtain prior informed consent (PIC) from the government of the country providing the genetic resources?
  A

  The private consent of the owner of the resources and the official approval, or PIC, from the country are two separate matters. Even if you have obtained permission from the owner (individual or corporate), if the legislation of the country providing the genetic resources requires PIC, you must obtain it.

   While the provider of the resources is the recipient of benefit-sharing, only the country (or local government, and in relevant cases, Indigenous Peoples and Local Communities (IPLCs)) are entities that can legally approve PIC.

   For more information or any further inquiries related to this matter, please contact The ABS Help Desk under the Ministry of Science and ICT at 042-879-8333 or visit the ABS Information Portal at www.abs.re.kr for assistance. Thank you.

• Q [General InformationㆍProcedures] [Entity Responsible for Compliance with Procedures] I have purchased genetic resources from wholesale distributors (or intermediaries) home and abroad. Does the Nagoya Protocol apply when utilizing these resources for R&D? If so, what procedures are required?
  A

  In general, a user applying biotechnology to utilize genetic resources bears the obligations under the Nagoya Protocol. However, some countries may require prior informed consent (PIC) even from wholesalers under their laws.

   Therefore, when purchasing resources from wholesalers or intermediaries, it is advisable to verify who the country providing the genetic resource(s) is, whether the relevant procedures have been followed, and whether there are supporting documents.

   If the country providing the genetic resources is implementing ABS procedures, the researcher must go through procedures such as obtaining prior informed consent (PIC) and concluding mutually agreed terms (MAT) for benefit-sharing with that country. After obtaining PIC, it is also necessary to report to the National Checkpoint in Korea that overseas procedures have been complied with.

   However, if the country providing the genetic resources has no specific procedures in place, it may be possible to purchase genetic resources and utilize them freely, with no obligation for reporting.

   For more information or any further inquiries related to this matter, please contact The ABS Help Desk under the Ministry of Science and ICT at 042-879-8333 or visit the ABS Information Portal at www.abs.re.kr for assistance. Thank you.

  
  

• Q [General InformationㆍProcedures] [Export of Domestic (Korean) Genetic Resources] “A”, a Korean research institute, is collaborating with an organization in Country B on research involving genetic resources “C”. Later, when researchers from Country B collect the resources “C” in Korea and intend to take them back to their own country for research purposes, what procedures are required?
  A

  The researchers from Country B are utilizing resource “C”. “Utilization” is defined as activities such as acquisition and conduct of research on genetic resources and reporting access to domestic genetic resources (known as “Report on Access to Domestic [Korean] Genetic Resources”) to the competent Korean national authorities is necessary. In addition, if a resource falls under the category requiring approval for export, approval from the relevant authorities monitoring and controlling those resources must be obtained before exportation.

   Furthermore, it is advisable to enter into an agreement for resources distribution, such as a Material Transfer Agreement (MTA). It is recommended to include provisions related to cooperation in joint research, agreements on co-authorship in publications, and other (non-monetary) benefit-sharing aspects in this agreement. An MTA such as this can be recognized as one form of Mutually Agreed Terms (MAT).

   Even in the absence of MAT, reporting access is still possible and if a MAT for benefit-sharing is signed at a later date, it is possible to apply for “Verifying the Conclusion of Mutually Agreed Terms” to the competent national authority in Korea.

   For more information or any further inquiries related to this matter, please contact The ABS Help Desk under the Ministry of Science and ICT at 042-879-8333 or visit the ABS Information Portal at www.abs.re.kr for assistance. Thank you.

  
  
• Q [General InformationㆍProcedures] [Non-Commercial Utilization of genetic resources for Research Purposes] If the utilization of foreign genetic resources is for non-commercial purposes such as basic research, does it still fall under the scope of the Nagoya Protocol?
  A

  When utilizing foreign genetic resources, the Nagoya Protocol applies regardless of the purpose of use. The Nagoya Protocol recommends Parties to the Protocol to foster conditions that will encourage research conducive to the conservation and sustainable use of biodiversity.

  Some countries simplify or exempt procedures for non-commercial utilization, so it is necessary to examine the domestic laws and procedures of the country providing the genetic resource(s) carefully. Even in this case, caution should be exercised as many countries may still require additional compliance procedures if the intended use later changes to commercial purposes.

   For more information or any further inquiries related to this matter, please contact The ABS Help Desk under the Ministry of Science and ICT at 042-879-8333 or visit the ABS Information Portal at www.abs.re.kr for assistance. Thank you.

• Q [General InformationㆍProcedures] [Beneficiaries of Benefit-sharing] If we import genetic resources from a country which is not the country of origin, and the country providing the genetic resource(s) has already paid a fee to the country of origin for utilization of those resources, do we still need to share benefits additionally?
  A

  The obligation for benefit-sharing under ABS regulations arises for those who actually “utilize” the genetic resources from the country providing the genetic resource(s). Previous benefit-sharing between the country of origin and the country providing the genetic resource(s) is irrelevant.

  The Nagoya Protocol defines “utilization,” or “the use of genetic resources,” as “conducting research and development related to the genetic and/or biochemical composition of genetic resources by applying biotechnology.”

   The key is not the origin of the resource, but the need to adhere to the Access and Benefit-Sharing (ABS) procedures of the country that exported the genetic resources to the user, i.e., the country providing the genetic resource(s).

  For more information or any further inquiries related to this matter, please contact the ABS Help Desk under the Ministry of Science and ICT at 042-879-8333 or visit the ABS Information Portal at www.abs.re.kr for assistance. Thank you.

• Q [General InformationㆍProcedures] [Non-Party to the Nagoya Protocol] While planning research utilizing genetic resources from Country A, we found that Country A is not a party to the Nagoya Protocol. Does this mean that there’s no need for us to implement the procedures under the Nagoya Protocol such as prior informed consent (PIC) and mutually agreed terms (MAT)?
  A

  If a country is not a party to the Nagoya Protocol, there is no obligation to comply with its requirements. In addition, non-party countries may enforce domestic laws and procedures related to access to and benefit-sharing of genetic resources to protect their own resources.

  It is recommended to double-check with the ABS Help Desk for information on other possible legal requirements in a particular country. Please note that even if a country is a party to the Nagoya Protocol, it may still allow free access to and use of genetic resources without additional procedures or restrictions.

   For more information or any further inquiries related to this matter, please contact the ABS Help Desk under the Ministry of Science and ICT at 042-879-8333 or visit the ABS Information Portal at www.abs.re.kr for assistance. Thank you.