| Summary: | 碩士 === 國立交通大學 === 科技法律研究所 === 94 === As biological technology advances, uses of genetic resources have been expanding. While genetic resources play significant roles in sectors ranging from food and agriculture to medicine and bring on considerable commercial interests, from the access and manipulation thereof has emerged an issue called “biopiracy”, which is related to the conservation of biodiversity, the modification of patent regime, the protection of traditional knowledge and other topics. Therefore, the issue of biopiracy is gathering international concerns. Meanwhile many nations have adapted laws and regulations on access to genetic resources in response. Taiwan, blessed with high-level biodiversity and genetic resources while faced with the problem of biopiracy, should undertake reseaches on biopiracy and the regulation of access to genetic resources in order to protect its valuable resources from appropriation.
This study is to discuss and define “biopiracy”, evaluate the possibility and necessity of an access regulation countering biopiracy, review the basic principles and issues related thereto of such regulation, and to look to the current state of regulations in Taiwan and the Draft Act on Genetic Resources presented by several scholars. It has seven chapters to accomplish these goals. Chapter One serves as an introduction to this study. Chapter Two discusses and defines in the context of this study “biopiracy”. Chapter Three evaluates this issue and the need for national legislation from an economic point of view. Chapter Four turns to the experiences of other nations implementing access regulations. Chapter Five presents and discusses the basic principles of access regulation. Chapter Six demonstrates the need for Taiwan to enhance regulation and comments on the Draft Act. Finally, Chapter Seven provides conclusions of this study.
In general, this study concludes that biopiracy represents the failure for the market of genetic resources. Mending such market failure will not only help achieve sustainable use of genetic resources but provide economical incentives for the nations and their people that own such resources. National access regulations or access laws must be in place if the principles and objectives of the Convention on Biological Diversity are to be fulfilled. Current regulations in Taiwan are far from efficiency over this issue and a regulation specifically dealing with such issue is needed. This study finds the Draft Act, while further improvement is still required, suitable for the need for Taiwan to effectively manage and regulate access to its genetic resources.
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