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생명공학산업의 영리성과 특허권에 대한 제한

원문정보

Restrictions on the Profitability of Bio-industry and Patent holders

김병연

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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

저자정보

  • 김병연 Kim, Byoungyoun. 건국대학교 법과대학 교수

참고문헌

자료제공 : 네이버학술정보

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