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생명물질이전계약에 관한 법적고찰

원문정보

Legal Aspects of Biological Material Transfer Agreement

손경한, 심현주

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초록

영어

Although Parties, directly involved, had made contracts for a technology transfer or a patent license for the purpose of research and development in the past, the new form of contract, a material transfer agreement, emerged in the late 20th century. Especially, as a biotechnology was developed and patent for life was allowed, the biological material transfer agreement became increased rapidly. The biological material transfer agreement could be made variously d epending on the form of transfer, sort of material, parties, directly involv ed, and whether they could be paid or not. Securing a right to material i s a key point for providers and gaining a right to product of work is mai n point for receivers. So the material transfer agreement should correctl y reflect the intention of providers who have expertise on materials and balance the claims and obligations of providers and receivers. Also it sh ould deal with problems of intellectual property rights to materials and p roducts of work. Uniform Biological Material Transfer Agreement(UBMTA) of National I nstitutes of Health(NIH) is used as a global standard. But UBMTA only r egulates relationships between public organizations and non-profit organi zations, so the study should be done to prepare a standard which rules r elationships between profit-making organizations, public organizations and profit-making organizations, and public organizations and non-profit orga nizations. Also the material transfer agreement, made according to the un ique characteristics of materials, should be developed by grasping charac teristics of each material. Furthermore, Access and Benefit Sharing(ABS) agreement could be mi xed up with the material transfer agreement because it also deals with li fe like genetic resources and it uses a name of the material transfer agr eement. So, the study which compares and analyzes the material transfer agreement and ABS agreement should be done.

목차

Ⅰ. 서론
 Ⅱ. 생명물질이전계약의 개념
 III. 생명물질이전계약의 연혁과 유형
 IV. 생명물질이전계약상 기본적 권리의무
 V. 이전물질에 관한 연구성과물의 귀속과 활용
 VI. 생명물질이전계약의 종료
 VII. 결론
 참고문헌
 ABSTRACT

저자정보

  • 손경한 Sohn, Kyung-Han. 성균관대학교 법학전문대학원 교수ㆍ변호사.
  • 심현주 Shim, Hyun-Joo. 한국지식재산연구원 위촉연구원ㆍ성균관대학교 법학전문대학원 박사학위과정.

참고문헌

자료제공 : 네이버학술정보

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