• 한국중재학회지:중재연구
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• 제29권3호
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• pp.75-97
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• 2019

The growing importance of biological resources as sovereign rights to healthcare, energy, and food has sparked international discussions on Genetic Resources (GRs) and Traditional Knowledge (TK). As the bio-industry continues to grow, research and development utilizing patented biological resources are advocated. Currently, World Intellectual Property Organization (WIPO) is actively discussing GRs and TK, and an effective response to national interest has been sought. Of late, there have been growing disputes over issues like ownership, control, and access and benefit-sharing between indigenous peoples and users of GRs and TK resources. Resolution of disputes concerning GRs and TK are thus becoming critical not only to stakeholders such as the indigenous peoples and corporations, but also to third-party users. Due to the weakness of the current IP and court system however, such disputes are not addressed adequately. This paper will address the use of Alternative Dispute Resolution (ADR), which is an out-of-court dispute resolution system, on conflicting issues regarding GRs and TK. It will consider the WIPO as a forum for ADR and ADR for GRs and TK disputes and it will seek both parties in the dispute to benefit from the use of the ADR process.

• 혜화의학회지
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• 제12권2호
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• pp.227-234
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• 2004

The international government committee is progressing their agreements about intellectual property protection of traditional knowledge(TK), gene resource(GR), folklore(FL) in WIPO. It is in the course of selection with precedence of TK, GR, FL in WIPO, focused on discussions about listing of TK documents, standardization of DB construction, sharing and profit distribution of GR. There are disagreements between developed countries and developing countries about intellectual property protection agreements of TK, GR. The developed countries insist on using the existing intellectual property protection, but the developing countries ask new ones on character of TK, GR. It causes intangible assets to be valuable trade properties in future world trade. This research Groped for a summary program about intellectual property protection of traditional knowledge(TK) etc. debating in WIPO. This program confirms that such as TK, GR etc. not only to be the cultural property accumulated in human history, but also to be the original resource may be using at present. Therefore, we suggest that the focus of discussion should transfer to UNESCO instead of WIPO which only deal with the intellectual property protection. Besides, the main body which protecting and supporting TK should become its holding organization so as to achieve more effective management about it. In order to protect and support TK, the government should have firstly the recognition that TK is the property belongs to the country. By this viewpoint, it needs to setup DB through overall excavation of the unofficial knowledges in order to protect and support these TK, GR. Because the positive dealing with those WIPO's discussion means to support our TK, GR, so there should have some reorganization about existing related ones, and also needs systemic supporting policies & management' system.

• 한국한의학연구원논문집
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• 제9권1호
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• pp.51-63
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• 2003

The international government committee is progressing their agreements about intellectual property protection of traditional knowledge(TK), gene resource(GR), folklore(FL) in WIPO. It is in the course of selection with precedence of TK, GR, FL in WlPO, focused on discussions about listing of TK documents, standardization of DB construction, sharing and profit distribution of GR. Their are disagreements between developed countries and underdeveloped countries about intellectual property protection agreements of TK, GR. The developed countries insist on using, the existing intellectual property protections, but the underdeveloped countries ask new ones on character of TK, GR, It causes intangible assets to be valuable trade properties in future world trade. We have to make national plans to face agreements about IP of TK, GR in WIPO with our own TK, GR. We must have a basic attitude about laying down these plans such as raising national economy, considering our TK, GR to be relics of mankind culture. In addition to these, it needs accurate analysis about agreements in WIPO, our TK, GR, scientific mechanical level and capital power.

• 대한한의학회지
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• 제25권3호
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• pp.20-31
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• 2004

The 21/sup st/ century is a society based on knowledge, so in economic activities, it has emphasized the importance of information such as intellectual property or intangible asserts. Especially, according to the agreement on trade related as parts of intellectual property rights in WTO, it is used as the method of commercial entente and monopoly for intellectual property in an advanced nation. For this reason, WIPO and UNESCO discussed a complement for intellectual property on the foundation of traditional knowledge such as traditional knowledge (TK), genetic resources (GR) and traditional cultural expressions (TCE, folklore). Korea has a lot of knowledge falling under TK, GR, and TCE because of the long history of the country. In the case of traditional medical care, it has been used in the public health system. It is hard to apply these rights to traditional medical care of Korea because the laws of intellectual property have been established under the ideas of western culture. It is necessary to improve the classification system of traditional knowledge and patents. In the patent classified system of IPC, it needs to be related to the research between the classified system for massive technology and the classified system for traditional clinic technology.

• 한국의사학회지
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• 제16권2호
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• pp.35-64
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• 2003

Traditional Knowledge[TK] is a concept which summings up all the knowledge of traditionally inherited, includes traditional medicine, therapy, food and environments. Such traditional knowledge has been perished and neglected through industrial development. We, Korean Institute of Oriental Medicine, promotes digitalization of this traditional knowledge to support and maximize its application, principally in Traditional korean medicine. We can get opportunity of reorganize the traditional knowledge to more practical and available form by this project. And also we introduce briefly its meaning and worth, and seek for application to the study of medical history.

• 한국한의학연구원논문집
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• 제9권2호
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• pp.33-43
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• 2003

The international government committee is progressing their agreements about intellectual property protection of traditional knowledge(TK), gene resource(GR), folklore(FL) in WIPO. It is in the course of selection with precedence of TK, GR, FL in WIPO, focused on discussions about listing of TK documents, standardization of DB construction, sharing and profit distribution of GR. We made some plans to deal with agreements in WIPO. These plans consist of 5 subjects which are investigation about intellectual property related laws and systems, study of examination and finding, construction of DB information, development of value evaluation system, development of industrialization system with TK, GR, We suggest preceding details about 5 subjects respectively. It is the character of this plan that patent information DB system of TK, GR is the axis. It is the most important thing in these plans to succeed that we have to have connections with expert groups in order parts and government officials, taking whole supports of government because our traditional medical related study basis is weak.

• 대한한의학회지
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• 제25권3호
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• pp.12-19
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• 2004

Objectives : In the WIPO conference about the protection of intellectual property for traditional knowledge (TK) and genetic resources (GR), there was a demand concerning the necessity of recognizing the invention of TK and GR and the foundation of a related database. Methods : In the standard of the foundation of a database, the content and resource identification standards, the technological standards and the security and transmission standards were discussed. In a decision on intellectual property, it means the protection and recognition as a technology precedent of the materials of the database. Results : Massive material on traditional medical care technology in Korea has existed in many areas. However, it is hard to make a database because it is difficult to organize and find the data. In addition, a database demanded by WIPO is not only the material of images or texts of simple technology information, but also the use of patent decisions about traditional knowledge technology and the public sharing of information in related areas. A traditional medical care database would consist of the core of a subject and the related areas. The core part is the medical herb resource and Oriental clinical technology. Conclusions : These are necessary to detail the kind of medicines and prescriptions, their use, and their processing. In the related areas, it needs to detail PIAS and clinical data in regarding the industrialization. These DB have to protect the TK and the GR of Korea.

• Journal of Forest and Environmental Science
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• 제27권2호
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• pp.81-91
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• 2011

An exploratory study was conducted in Gopalganj, a southern district of Bangladesh to explore the role of wild date palm (Phoenix sylvestris Roxb.) husbandry in the rural economy. A total of 36 households in the study area were interviewed using a semi-structured questionnaire. A multistage sampling method with 10% intensity and a semi-structured questionnaire were used for the study. Based on the land holding capacity of the households, the farmers were categorized into five groups as landless, marginal, small, medium, and large. The date palm was distributed over seven different habitats of which roadside support the highest value (31%) followed by agricultural field and orchard (25% each). Though the large category farmers own most of the palms (43%), a considerable portion (562 individuals out of 1980) of it is managed by the landless farmers, who earn a substantial livelihood from the palms. The farmers manage the palm mainly for juice production; juice is either used fresh as drink or after some sort of processing as molasses and/or alcoholic beverage. Date palm husbandry contributes 32,601 Tk., 21,107 Tk., 20,626 Tk., 29,574 Tk. and 35,335 Tk. respectively to the five group seasonally and 50,980 Tk., 77,556 Tk., 90,208 Tk., 112,560 Tk., 140,675 Tk. respectively annually (1 US$ = 70 Tk.). Date palm trees contribute 65.48% of mean annual income to landless farmers followed by 27.21% to marginal farmers. However the poor marketing system result in decreasing the annual return from palm trees. Palm husbandry could be a promising source of rural incomes in Bangladesh if the farmers' traditional management knowledge was linked to more scientific management practices.

• 혜화의학회지
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• 제12권2호
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• pp.235-244
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• 2004

WIPO international government committee will finish to develop toolkit for making documentation on discussions of intellectual property protection with TK, GR until the late 2003. As they construct DB of TK, GR, it becomes in a hurry to construct DB of TK information in Korea. We looked into application of copyright in force and a lot of problems in terms of analyzing medical books in the resent condition or protecting them in Korea. There are 29 kinds which have been lost, 12 kinds which could have read in parts, 136 kinds which have been existed of Korean medical books before 1900. There are also a lot of medical books which have been published after 1900 and still are unpublished. It would be 406 medical books from China totally, 111 kinds from Chosun Dynasty version, 134 kinds from Euybangeuchui, 225 kinds from Hyangyackjibsungbang, 78 kinds from Dongeuybogam. We consider to know whether Korean medical books could been applied to the copyright in force or not in accordance with discussions of WIPO on the period, subject(author), contents of protection. If it is applied to the copyright in force, it will be decided to revise according to discussions of WIPO. On the other hand, the problem which is occurred to protect Korean medical books is friction with China as importing their medical books, to find our medical books actively which has been unpublished. Finally, We have to revise administration and intellectual property standards or protect our medical books by making new administration laws.

• 한국습지학회지
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• 제19권2호
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• pp.230-239
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• 2017

최근 한국은 농촌관광의 수요가 증가하고 있지만 유형은 농사체험이 대부분이다. 이러한 상황을 극복하기 위해 생태체험이 도입되고 있다. 농촌 생태체험의 공간인 연못의 콘텐츠, 교육자료 확보가 필요하다. 따라서 본 연구에서는 연못형습지 식물의 전통한방이용형태를 분석하였다. 전통한방은 과거부터 이어져 온 전통지식으로 요즘에도 의학, 약학, 과학 등 다양한 분야에서 활용한다. 분석된 내용은 생태체험 교육자료에 도움이 될 것이다. 조사는 농촌지역 연못형습지 40개소의 식물을 조사하였다. 전통한방이용형태는 특허청에서 운영하는 전통지식포탈의 내용을 제공받아 사용하였다. 40개 연못형습지에서 조사된 식물은 총 108과 457종이며, 그 중 전통한방이용형태에 대한 정보가 있는 종은 53과 314종이다. 이것은 연못형습지 주변의 식물 중 68.8%가 전통한방을 함유하고 있다는 의미다. 이 밖에도 음식, 공예, 전통농업 등의 활용 형태를 포함한다면 70~80% 이상 전통지식을 포함할 것이라 예상한다. 전통한방에 사용 된 314종의 효능은 570가지, 325가지의 병증을 치료하는 효과가 있다. 1종당 평균 4.0(0~20)가지의 효능으로 6.6(0~20)가지의 병증을 치료할 수 있다. 본 연구 자료는 체험, 교육, 의학 등 다양한 분야에 활용되길 기대한다. 그리고 많은 가치가 있는 연못형습지는 계속적으로 보전할 필요가 있다고 판단된다.