特許制度와 倫理의 調和

• 영문명: Harmonization of Patent Law & Ethics
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 정상기(Sang-Ki Chung)
• 간행물 정보: 『비교사법』比較私法 제14권 제3호(하), 1161~1198쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.09.30

영문 초록

  Bioethics values all kind of life forms including human. The bioethics has a great influence on the legal system. For the patent system, there are the subject of much controversy whether a life form has patentability, if so how broad the scope of the exclusive rights of patent is. In the course of justice, there are also global issues on preservation of biodiversity, assessability and transferability of environment friendly technology for the sustainable developments, and economic interests sharing with the natives from traditional knowledge or genetic resources.
  The chapter of this article analyses the arguments on bioethics after the Ⅱ Dolly the Sheep, the first mammal to have been successfully cloned from an adult cell, which opened the gate to the human cloning. The chapter examines the Ⅲ patentability of life forms and human organism, the current legal system and the issues thereof. The chapter discusses the correlation between the patent Ⅳ system and the ethics by analyzing the environmental agreements that suggest the diffusion of environment friendly technology for preserving global environment and biodiversity and that expect the interests of natives from the traditional knowledge will not be disturbed due to the patent system.
  It is essential to consider the bioethics when establishing the legal system that regulates the modern society. The principles of law shall include the respect of human dignity, the reverence for life and the realization of a just society. There is no exception for the patent system. However, the acceptance of the bioethics and the harmonization between the bioethics and the patent system shall not decrease the purposes for biotechnology development, environment friendly technology development, and traditional knowledge discovery.

목차

Ⅰ. 머리글
Ⅱ. 생명윤리와 이익형량
Ⅲ. 생명특허윤리와 입법현실
Ⅳ. 환경친화적 기술의 공유와 전통지식의 보호
Ⅴ. 마치며
【참고문헌】
[Abstract]

키워드

생명윤리 생명특허윤리 특허의 윤리성 생물다양성 전통지식 Bioethics Biotechnology Biodiversity Ethical Character of Patent Traditional Knowledge