유전자원 특허에 관한 주요 쟁점 및 TRIPs협정의 개선방안

• 영문명: A Study on the Improvement of TRIPs Agreement regarding Patent on Genetic Resource
• 발행기관: 한국무역연구원
• 저자명: 김영림(Young-Rim Kim) 이양기(Yang-Kee Lee) 박지은(Ji-Eun Park)
• 간행물 정보: 『무역연구』제16권 제5호, 583~597쪽, 전체 15쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2020.10.30

영문 초록

Purpose - With the development of bio-technology, the market size of the bio-industy has been steadily growing, and Genetic Resouce patents are also increasing in important. TRIPs Agreement is the only binding international norm in relation to the intellectual property right of Genetic Resource patent. The Purpose of this paper is to discuss a revision TRIPs Agreement regarding patent on Genetic Resource to the extent that the parties do not suffer damage. Design/Methodology/Approach - We used the secondary data such as convention article, report and news article. Especially, we looked into the TRIPs Agreement and Nagoya Protocol. This is because the two agreements are representative of the norms related patent on Genetic Resource. In order to analyze the issue regarding patent on Genetic Resource, we also examined cases of dispute. Findings - We propose to revise three things in relation to the patent on Genetic Resource. Three things are to place PIC(Prior Informed Consent) in TRIPs Agreement, to clear the scope of patent exclusions, and to place Exhaustion Doctrine in TRIPs Agreement. Research Implications - Nagoya protocol and TRIPs Agreement has its limitations. We would like to acknowledge the limitation of each norm and revise it to a norm that is satisfactory to all parties concerned with genetic resources.

목차

Ⅰ. 서론

Ⅱ. 유전자원에 관한 일반적 고찰

Ⅲ. 유전자원 특허에 관한 주요 쟁점별 분쟁 사례

Ⅳ. TRIPs협정의 개선방안

Ⅴ. 결론

References

키워드

TRIPs Agreement Patent Genetic Resource Convention on Biological Diversity Nagoya Protocol