傳統知識의 槪念과 그 保護方案의 檢討

Traditional knowledge is defined as the knowledge which has been held by indigenous peoples and communities. The features of the traditional knowledge are different from Western science. For example, traditional knowledge exists in public domain and is less systematic than Western science, being handed down without written texts. Therefore, traditional knowledge cannot satisfy requirements for being granted patent. Some methods are suggested to protect traditional knowledge. Developing countries advance their opinion that a sui generis system is necessary for its protection, while developed countries such as U.S., E.U., and Switzerland try to develop its databases to document it as prior art. This study recommends that Korea choose not only to formulate a sui generis system but also to create online traditional knowledge database on model of India.