• 한국중재학회지:중재연구
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• 제29권3호
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• pp.75-97
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• 2019

The growing importance of biological resources as sovereign rights to healthcare, energy, and food has sparked international discussions on Genetic Resources (GRs) and Traditional Knowledge (TK). As the bio-industry continues to grow, research and development utilizing patented biological resources are advocated. Currently, World Intellectual Property Organization (WIPO) is actively discussing GRs and TK, and an effective response to national interest has been sought. Of late, there have been growing disputes over issues like ownership, control, and access and benefit-sharing between indigenous peoples and users of GRs and TK resources. Resolution of disputes concerning GRs and TK are thus becoming critical not only to stakeholders such as the indigenous peoples and corporations, but also to third-party users. Due to the weakness of the current IP and court system however, such disputes are not addressed adequately. This paper will address the use of Alternative Dispute Resolution (ADR), which is an out-of-court dispute resolution system, on conflicting issues regarding GRs and TK. It will consider the WIPO as a forum for ADR and ADR for GRs and TK disputes and it will seek both parties in the dispute to benefit from the use of the ADR process.

• 한국의사학회지
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• 제31권1호
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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.