ABSCH Genetic Resources Information Center

The Korean ABS law, titled Act on Access to and Utilization of Genetic Resources and Benefit-Sharing (“the Act”), applies to genetic resources and traditional knowledge associated with genetic resources. However, the Article 3 of the Act describes the following genetic resources that fall outside of the scope: Human genetic resource(s), genetic resource(s) existing in an area beyond national jurisdiction, genetic resource(s) accessed for any purpose other than utilization, genetic resource(s) subject to other international treaties related to ABS, and genetic resource(s) granted patent rights pursuant to Article 87 (1) of the Patent Act.

※ Korean ABS law URL: absch.cbd.int/en/countries/KR

The Act was enacted in 2017 and it does not have a retroactive effect. However, utilizing genetic material with a new purpose can be regarded as “ new” access even if it were acquired before 2017. Any person who intends to file a report on access to Korean genetic resources shall submit a report on Access to Competent National Authority.

Article 10 of the Act states the possibility of exemptions from Reporting Access. However, the Presidential Decree of the Act for the enforcement of exemption is not prescribed yet. Therefore, non-commercial research is not exempted from the Reporting Access requirements for now.

The Korean government has established “Integrated Reporting Service” to provide both foreign users of Korean genetic resources and Korean users of foreign genetic resources with simple and easy online reporting services.

① Preparation : User identifies type, quantity, purpose, and provider of genetic resources

② MATs Concluded : User concludes a written contract with the provider for fair benefit sharing of the resources

③ Report submitted : User submits the access report via online Integrated Reporting Service (with a copy of MATs, a copy of passport and, fee receipt)

④ Report reviewed : The competent National Authority reviews the submitted report, send modification request (if needed), and issue a declaration certificate

⑤ Declaration Certificate received : User receives the declaration certificate issued by the CNA

1) For Report Access:

ID document (Passport, Corporate Register Certificate etc.), a copy of Mutually Agreed Terms (if concluded), Electronic Revenue Stamp 10,000 KRW

2) For Report Change

Original Declaration Certificate for Access to Korean Genetic Resources (mail submission), Electronic Revenue Stamp 5,000 KRW

3) For Confirm MAT

A copy of Mutually Agreed Terms, No Charge

4) For Report Compliance

ID document (only if unverifiable through administrative records), a document approved by the provider country for access to genetic resources, a copy of Mutually Agreed Terms (if concluded), No Charge

※ It is recommended that applicants from abroad get help from partner organizations in Korea to buy the Electronic Revenue Stamp.

The Korean ABS law, titled Act on Access to and Utilization of Genetic Resources and Benefit-Sharing (“the Act”), applies to genetic resources and traditional knowledge associated with genetic resources. However, the Article 3 of the Act describes the following genetic resources that fall outside of the scope: Human genetic resource(s), genetic resource(s) existing in an area beyond national jurisdiction, genetic resource(s) accessed for any purpose other than utilization, genetic resource(s) subject to other international treaties related to ABS, and genetic resource(s) granted patent rights pursuant to Article 87 (1) of the Patent Act.

※ Korean ABS law URL: https://absch.cbd.int/en/countries/KR