• 제목/요약/키워드: Sui generis system.

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The Role of Intellectual Property Rights for Conserving Biological Diversity - Patent Law Treaty for Protecting Genetic Resources and Traditional Knowledge - (생물다양성보전을 위한 지적재산권의 역할 연구 - 유전자원과 전통지식 보호를 위한 특허법의 역할 중심으로 -)

  • Kang, Gil-Mo;Yeom, Jae-Ho;Doh, Seong-Jae;Lee, C. Mi-Jin;Kwon, Suk-Jae
    • Ocean and Polar Research
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    • v.29 no.1
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    • pp.43-53
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    • 2007
  • Recently, controversy over intellectual property rights for protecting genetic resources and traditional knowledge has been emerging. Very active debates and global discussions are being carried out in various international organizations for possible approaches to be taken for these properties, and for the fair and equal sharing of the benefits from these intellectual properties. There is a need to evaluate adopting a sui generis system which is being pushed by developing nations, or adopting a policy which will guaranteee benefit sharing such as sharing royalties from marketing final products, technical transfers, capacity building, and participating in research activities. Also, it is very important to examine the legal issues concerning genetic resources based on Convention on Biological Diversity for the fair and equal sharing of the benefits with developing nations, at the same time assuring developed nations of access to genetic resources.

A Study on the Actual Utilization of Traditional Knowledge Resources (전통지식 자원의 활용실태 연구)

  • 김행란;최배영;유명님;김미희;강경하
    • The Korean Journal of Community Living Science
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    • v.14 no.2
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    • pp.93-106
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    • 2003
  • The main purpose of this research was to study and analyze the actual utilization of traditional knowledge resources and to search for methods to activate local communities through utilization of traditional knowledge resources best suited for us. For this study, data listed on the internal web sites during August 2002 to October 2002 were searched and analyzed. In terms of statistical analysis, frequency, percentage, and x$^2$-test were operated using the SPSS 10.0 program. The major results of this study are as follows: 1) Traditional knowledge resources utilized throughout the nation totaled to 8,906 cases. These utilized resources composed of 48.0% of tangible resources, 32.3% of environmental resources, and 19.8% of intangible resources and such utilized resources were in order of life-skill, scenery, ruins and relics, community activity, exhibition, and folklores. 2) Tourism, merchandising, and festival were the major types of utilization of traditional knowledge resources, while education was the relatively minor portion in utilization type. 3) Compound linking of traditional knowledge resources, utilization type, and utilizing body showed links such as life skill-merchandising-civilian, ruins and relics-tourism-government, folklore-festival-civilian, scenery-tourism-government, and exhibition-education-civilian.

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A New Direction and Its Challenges for Linkage of Agricultural Research and Extension As a Traditional Knowledge Development in Rural Korea: Agricultural Knowledge Systems (농업지식체계 구축에 의한 전통지식개발 방법으로서의 농업연구지도 연계의 방향)

  • Park, Duk-Byeong;Kang, Kyeong-Ha;Lee, Min-Soo
    • Journal of Agricultural Extension & Community Development
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    • v.10 no.1
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    • pp.15-29
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    • 2003
  • The study uses agricultural knowledge system theory to explore how traditional knowledge applies to the linkage system of agricultural research and extension in rural Korea. By agricultural knowledge system we emphasize the dynamic networks of actors, processes of negotiation, and the diverse ways in which knowledge is constructed and performed. The knowledge systems reflect the idea that the boundaries between knowledge groups are not closed and that there could be considerable overlap between knowledge system. The results of this study are the following : First, we should know that some extension agents clearly value farmer knowledge and try to facilitate farmer-to-farmer communication. Extension plays a significant role in the knowledge-creation process and shaping communities because knowledge processes are embedded in social processes that involve aspects of power, authority, and legitimization. Third, the constructions of agricultural knowledge systems thus include social interactions, communication, and the diverse processes individuals employ create, use, and evaluate multiple types and sources of information through the linkage between agricultural colleges and Rural Development Administration (RDA), establishing the research institution of research and extension linkage, exchange research agent with extension agent, and bottom-up approach. Second, we should know that the focus of traditional knowledge development is rural community development as a community process. Nowadays the sessions of the Intergovernmental Committee of World Intellectual Property Organization (WIPO) cover two lines of inquiry, which are the use of existing standards of intellectual property for the protection of traditional knowledge and that of new legal standards, eventually in the from of sui generis mechanisms of protection.

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전자문서와 법률문제

  • 이진우
    • Proceedings of the CALSEC Conference
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    • 1998.10a
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    • pp.45-55
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    • 1998
  • A legal system is designed to regulate social phenomena appropriately minimizing potential disputes arising out of conflicts with social phenomena and to seek for stability of legal life. The development of information technology and network infrastructure changed way of communication significantly, which realized the new transactional concepts, such as EDI(Electronic Data Interchange), Commerce At Light Speed(CALS) and Electronic Commerce(EC). However, current legal systems of each nation, which are based upon the paper document, do not seem to accomodate such types of emerging transactions. In that context, we can observe many issues which cannot be resolved among the parties involved in such transactions even under the several sui-generis statutes regarding EDI in Korea. Based upon the recognition of the above circumstances, this paper will browse legislative efforts in advanced countries and international institutions like UNCITRAL, and WTO. Also this will cover outstanding issues in relation with the deployment of electronic commerce in Korea and suggest what should be revisited for better accommodation of the changes going on.

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