최근 전통지식 보호에 관한 국제적 논의와 우리의 대응방안

There's nothing new under the sun. The purpose of the intellectual property rights system is primarily to promote the right to intellectual property, but ultimately cultural and industrial development. Therefore, any knowledge that has become a public domain after its protection period has expired is freely available to anyone. Traditional knowledge can similarly be identified as a concept that is close to these public domains. However, international discussions triggered by “bio-pirate” are developing in various ways. The theory of the common heritage of mankind was abolished and traditional knowledge became recognized as an established right of indigenous communities. And intellectual property rights protection to protect traditional knowledge is being discussed around the discussion of WIPO IGC. In this study, we analyze the discussion of international norms and WIPO IGC on traditional knowledge and review the direction that our country should pursue in this international environment. In Korea, it is difficult to protect the traditional knowledge related to genetic resources under the Convention on Biological Diversity and the Nagoya Protocol in the absence of indigenous regional communities, and the possibility of a traditional knowledge dispute with neighboring East Asian countries is also high in that the Republic of Korea shares some of its traditional culture with them. Therefore, we should take a reasonable protective measure against traditional knowledge and an attitude of international interest as a country that uses traditional knowledge. In addition to strong rights protection through intellectual property rights, It is possible to enhance the source mark and quality assurance of traditional knowledge through various certification and presentation systems such as trade secrets, geographical indication and GI mark, national intangible cultural property and traditional food quality certification. In addition, the traditional knowledge database will be important, both from the perspective of the holders of traditional knowledge and from the perspective of users, and the application similar to the structure of asking a third party of malicious intent to take responsibility for the release of applications under the Patent Act. Meanwhile, to review ways to raise a profit-sharing fund on traditional knowledge, we look at relevant institutions abroad and put forward appropriate profit-sharing measures.