• The Journal of Korean Medical History
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• v.29 no.2
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• pp.83-105
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• 2016

Traditional medical knowledge and its biological resources, including Korean Medicine, has regarded as an important object of intellectual property rights. International organizations have been discussed and implemented various treaties on how to exercise and protect the property rights of traditional medicines. In Korea, the governmental policies and the academic societies have endeavored to establish the protection method and academic foundations of Korean Medicine's intellectual properties. This study will examine the current situation of discussions in major international organizations and Korean governmental policies related to the protection of traditional medical intellectual properties. Furthermore, this paper will contemplate the possible arguments and countermeasures to protect the traditional knowledge of Korean Medicine. We hope that this study will contribute to find the reasonable and effective ways of protection of Korean Medicine's intellectual property rights.

• Asian review of World Histories
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• v.3 no.1
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• pp.81-112
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• 2015

This essay interrogates the category of the 'global' in the emerging domain of 'global intellectual history'. Through a case study of the Indian social-religious reformer Rammohun Roy (1772/4-1833), I argue that notions of global selfhood and rights-consciousness (which have been preoccupying concerns of recent debates in intellectual history) have multiple conceptual and practical points of origin. Thus in early colonial India a person like Rammohun Roy could invoke centuries-old Indic terms of globality (vishva, jagat, sarva, sarvabhuta, etc.), selfhood (atman/brahman), and notions of right (adhikara) to liberation/salvation (mukti/moksha) as well as late precolonial discourses on 'worldly' rights consciousness (to life, property, religious toleration) and models of participatory governance present in an Indo-Islamic society, and hybridize these with Western-origin notions of rights and liberties. Thereby Rammohun could challenge the racial and confessional assumptions of colonial authority and produce a more deterritorialized and non-sectarian idea of selfhood and governance. However, Rammohun's comparativist world-historical notions excluded other models of selfhood and globality, such as those produced by devotional Vaishnava, Shaiva, and Shakta-Tantric discourses under the influence of non-Brahmanical communities and women. Rammohun's puritan condemnation of non-Brahmanical sexual and gender relations created a homogenized and hierarchical model of globality, obscuring alternate subaltern-inflected notions of selfhood. Class, caste, and gender biases rendered Rammohun supportive of British colonial rule and distanced him from popular anti-colonial revolts and social mobility movements in India. This article argues that today's intellectual historians run the risk of repeating Rammohun's biases (or those of Hegel's Weltgeschichte) if they privilege the historicity and value of certain models of global selfhood and rights-consciousness (such as those derived from a constructed notion of the 'West' or from constructed notions of various 'elite' classicized 'cultures'), to the exclusion of models produced by disenfranchised actors across the world. Instead of operating through hierarchical assumptions about local/global polarity, intellectual historians should remain sensitive to and learn from the universalizable models of selfhood, rights, and justice produced by actors in different spatio-temporal locations and intersections.

• The Journal of Korean Medicine
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• v.25 no.3
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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.

• Journal of The Korean Dental Society of Anesthesiology
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• v.8 no.1
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• pp.35-39
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• 2008

Patients with seizures tend to demonstrate a poor oral condition and gingival hyperplasia due to some antiepileptic drugs. Although most patients attain good control of their seizures with anticonvulsant drugs, seizures can occur during dental treatment for various reasons. Sedation can be recommended for anxiety control, and general anesthesia should be considered for uncooperative patient such as patients with intellectual disability or autism. The purpose of this case report was to describe the dental treatment for a patient with seizure history and intellectual disability under general anesthesia.

• Journal of Korean Library and Information Science Society
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• v.20
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• pp.455-470
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• 1993

In recent years, the intellectual property rights (IPR) are increasingly becoming trade goods and the subject of international trade negotiations. During the past decades, intellectual properties earned critical importance for economic development in both developed and developing countries. Developed countries, headed by the United States, that recognize the economic value of the IPR in the world market are aggressively seeking for universal protection of IPR throughout the world. Intellectual properties have unique qualities that distinguish them from other tangible goods. Most importantly, they are public goods created on the basis of knowledge and information accumulated throughout human history and shared by different cultures. However, there is a growing tendency that the quality of public goods are being etched away as the property concept in IPR expands. In this paper, I discuss how copyright and patent laws incorporated the concept of property right as natural right to one's intellectual creations in early formation of the laws in Europe. I argue that copyright law and patent law are the historical products resulting from political, economic, and ideological factors interacting in a certain society. A history of copyright and patent points to that the intellectual property rights as natural lights of authors and inventors as argued by developed countries in international disputes, are not universal, but unique historical products. Copyright and patent laws have been shaped and developed as regulatory measures by governments to promote and control industries by providing authors and inventors with monopoly incentives. Since property right was used as a regulatory device it was restricted. This is to enhance the distribution of knowledge and information rather than to ensure the property right as an absolute right.

• Journal of the Daesoon Academy of Sciences
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• v.17
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• pp.113-134
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• 2004

According to Hans Kippenberg, the foundation of an academic study of religions coincided with the beginnings of modernization. Since the second half of the nineteenth century most European countries were involved in a process of rapid social change. The repercussions that this had for daily life were momentous. Instead of working for their traditional needs, people now had to produce goods for a market. Old customs ceded to private contracts and political laws. The superior knowledge of science replaced the inherited worldview. This deep changed severed societies from their ties to the past. Many educated people in Europe believed in an imminent end of all religions. Had not the scientific progress superseded the religious worldview? Historians had to come to terms with that expectation when they directed their attention to historical religions. Friedrich Max Muller introduced a new science, so-called Religionswissenschaft through the study of the ancient Vedic sources. He thought that genuine religion was a taste for, and sense of, the infinite. From his point of view, the Indian sources confirm that nature is more than mechanical laws. Thus his interpretation sought to contradict the materialist ideology of his day. Edward Burnett Tylor described religions as a kind of natural philosophy. His notion of 'soul' functioned to explain natural events. This legacy of the past cannot be missed even in modern society. Only the concept of the soul may preserve human dignity in an age of materialism. Gerardus van der Leeuw, also tried to perform the same function of the cultural critique for the renewal of the religious imagination in modern, rationalized Europe imprisoned in the iron-cage. In this respect, we could think that the interpretations of the history of the History of Religions in the light of the intellectual history are very suggestive for the korean student of religion. It helps them to describe the early history of the study of religion in Korea. For example, Yi Neung Wha(李能和) is regarded as 'a father of korean religious studies, but no one could present a proper answer for the question of why and through which connection of his intellectual milieu he was interested in the religious history and the study of religion. We would discover its signification in his confrontation of the prevailing social thought, such as social evolutionism.

• Journal of Haehwa Medicine
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• v.12 no.2
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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.

• The Journal of Korean Medical History
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• v.31 no.1
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• pp.123-134
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• 2018

Today, knowledge itself has become a resource which must be protected by the pertinent community of its contributors and users, from being manipulated or distorted by third-party players. The preservation of knowledge in relationship to the cultural context of its origins, has been recognized by international organizations intent on maintaining authentic voice and perspective. Globally, the WIPO (World Intellectual Property Organization) organizes the annual IGC (Intergovernmental Committee) meeting to address various issues associated with each country's utilization of intellectual and bio source property. Korean Medicine is the official name for the traditional medicine that has been inherited from the cultures of the Korean Peninsula. It is one of the four practices of East Asian Medicine including Traditional Chinese Medicine (TCM) from China, Kampo Medicine of Japan, and Sino-Vietnamese Medicine in Vietnam. As a cultural treasure representing centuries of evolving knowledge, Korean Medicine is protected under intellectual property rights afforded by WIPO, and must be understood in relationship to, and distinct from, TCM. It is understood that China has a strong political purpose to claim all the traditional medicines of the East Asian region under the name of TCM, including Korean Medicine. In fact TCM was authorized as the representative name for all East Asian medicine by decisions made by the ISO (International Standard Organization) in 2015. This paper proposes a pilot study on how to protect the intellectual property of Korean Medicine from efforts by China to claim it under the umbrella of TCM. Using the Uibang Yuchui (醫方類聚, Classified Collection of Medical Formulas) this paper suggests establishing a Database of UBYC, which was published in 1477 by the Joseon Korea government. UBYC was the reorganized version of contemporary East Asian medical sources, and has already hundreds of year's rich indigenous and culturally specific medical history of Korea, from which Korean Medicine has been built.

• Journal of the Korean Society for information Management
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• v.10 no.1
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• pp.65-96
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• 1993

This research fulfills two objectives of the study relating to the analysis of changing intellectual structure and its development of Korean history during 1980s: 1) investigation of intellectural structures of two successive time periods using author co-citation study analysis: 2) validation of the results of author co-citation analysis using assessments of experts collected from scholarly reviews and direct data drawn from the researchers in the area of Korean history. Three approaches to multivariate analysis as multi-dimensional scaling, cluster analysis, and factor analysis are used to display the inter-author relationships in the author similarity matrix.

• Journal of the Korea Fashion and Costume Design Association
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• v.3 no.2
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• pp.5-21
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• 2001

The intellectual properties right are becoming very critical issues in domestic fashion industries and also international trade. Although it is true that intellectual properties rights are commonly infringed in fashion industry, none of researches has been done for this matter. The present study is to analyze the patterns of infringement by case analysis, which was limited to trademark and trade dress. As a result, in case of trademarks, counterfeiting was relatively clear case, but it is generally investigated by prosecutes whereas the judgement of similar trademark has been taken by legal lawsuit. In case of industrial design(trade dress) most of disputes were related to textile design and modified Korean tradition dress. Reflecting the short history of protection of intellectual properties rights many informations and legal regulations should be established by te government and by the association of fashion related industry.