유전자원 및 관련 전통지식에 관한 출처공개 특허요건의 입법 유형 및 주요 쟁점에 관한 연구

Many countries such as Germany, Switzerland, India, Vietnam, China and South Africa, etc. recently provide for patent disclosure requirements in their domestic laws. Namely, not only developing countries providing genetic resources but also developed countries using genetic resources are regulating patent disclosure requirements in their patent laws, biodiversity laws or Nagoya Protocol implementing laws. Under the present international circumstances, this article raises a question whether Korea which mainly relies on genetic resources from foreign countries should keep standing against patent disclosure requirements. Nagoya Protocol, ITPGRFA and FTAs which Korea is a party do not obligate any disclosure obligations to the member countries. Therefore, we have no duty to legislate disclosure obligations until now, in other words, we still have some time to take the opposite stance on disclosure obligations. However, recently developed countries as well as developing countries provide for patent disclosure requirements, and because developing countries strongly request patent disclosure requirements in WIPO IGC, WTO TRIPs, FTAs, it is high time to discuss revise our patent law or any related laws. Therefore this article is going to describe comparatively types of legislation and main contents and then hope to be reflected to domestic law revision.