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초록

영어

This paper will address the following issues: first, the relationship between profitability and publicity of a corporation, especially bio-industry; second, the harmonization between the benefit of the patent holders and public health issues of the poor or under-developing countries. Every corporation should have its right to enjoy and pursue making profit from its business. Making profit is the one of the main purposes in establishing a corporation. The same rule applies to the fields of bio- industry. On the other hand, a corporation should also have its deep concern on the society in which it makes profit because a corporation cannot exist without the cooperation with the society. The same rule also applies to the bio-industry corporation. Further, in the field of bio-industry, the publicity of bio- industry corporations should be highly concerned for improvement of the public health. Also, Patent are a monopoly that an investor is entitled to for a limited period of time. One of the objectives of patent law as a whole is that a patent is a bargain between the inventor and the public for which the inventor is allowed to exploit an invention for a certain amount of time in exchange for disclosing his invention to the public. Compulsory licensing permits the manufacturer and use of generic drugs without the agreement of the patent holder. A compulsory license may be provided only if some circumstances, for example, due to national defense or public health, etc, are satisfied.

목차

I. 서
 II. 생명공학산업의 영리성에 대한 제한
  1. 회사의 영리성
  2. 생명공학기업의 공공성 및 사회적 책임성
  3. 생명공학기업의 영리성에 대한 제한과 공익기금의 조성
 III. 생명공학기업의 특허권에 대한 제한
  1. 생명공학기업의 특허권 현황
  2. 강제실시권에 의한 생명공학기업의 특허권에 대한 제한
 IV. 결론
 참고문헌
 Abstract

키워드

생명공학기업 특허권 강세실시권 회사의 영리성 특허권제한 기업의 사회적 책임 공익기금 Bio-industry Patent compulsory license profitability social responsibility

저자

• 김병연 [ Kim, Byoungyoun | 건국대학교 법과대학 교수 ]

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