earticle

영어

Traditional knowledge and genetic resources are newly emerging subject-matter of intellectual property rights. Developed countries such as US, Japan have conducted the contract-based approach to the access and benefit sharing from the traditional knowledge and genetic resources, which accepted with the adoption of Convention Biological Diversity(CBD). Nonetheless, developing countries and less developed countries such as Peru, India, China are not satisfied with CBD and Bonn Directives because of unfair and inequable policy measures on the access and benefit sharing in conjunction with contract systems. They require the new concept of the access and benefit sharing through a source-disclosure requirement in existing patent system. This disclosure requirement is exported to WTO/Doha Development Agenda, WIPO Intergovemment Committee on Traditional Knowledge and Genetic Resources, and WIPO Standing Committee on Patents for Substantive Patent Law Treaty(patent law harmonization). In these multi-forum, the developing countries are expanding their expectation and demands which facilitate better fruits in exchange for traditional knowledge and genetic resources. Albeit their continuous rational justifications, a new disclosure requirement in patent system is just a existing issue, but a vague resolution of the question, to date. This article addresses the legal issues in the traditional knowledge and genetic resources, and then examines the resonable solutions for conflict with the contract-based approach and the new disclosure requirement approach. To determine patent policy and its legislative adaptation remains our assignments. The reasonable protection and sharing policy for traditional knowledge and genetic resources shall be sought in existing Intellectual Property Rights of Korea with a perspective of multilateral works.