Earticle

초록

영어

Traditional knowledge is defined as the knowledge which has been held by indigenous peoples and communities. The features of the traditional knowledge are different from Western science. For example, traditional knowledge exists in public domain and is less systematic than Western science, being handed down without written texts. Therefore, traditional knowledge cannot satisfy requirements for being granted patent. Some methods are suggested to protect traditional knowledge. Developing countries advance their opinion that a sui generis system is necessary for its protection, while developed countries such as U.S., E.U., and Switzerland try to develop its databases to document it as prior art. This study recommends that Korea choose not only to formulate a sui generis system but also to create online traditional knowledge database on model of India.

목차

I. 序論
 II. 傳統知識의 槪念
  1. 전통지식의 정의
  2. 전통지식의 특징
 III. 傳統知識 保講方案의 檢討
  1. 전통지식의 보호에 관한 논의의 연혁
  2. 전통지식 보호의 필요성과 그 문제점
  3. 전통지식의 보호에 관한 각국의 입장
  4. 독자적 입법과 데이터베이스화 주장의 검토
 IV. 結論
 참고문헌
 Abstract

키워드

전통지식 민간전승물 유전자원 선행기술 개별입법 데이터베이스화 TRIPs협정 CBD Traditional Knowledge Folklore Genetic Resources Prior Art Sui Generis system Database TRIPs" Agreement

저자

• 權載烈 [ 권재렬 | 숭실대학교 법과대학 조교수, 법학박사 ]

참고문헌

발행기관

간행물