• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.455-492
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• 2009

(Background) Recent biotechnological breakthroughs are shedding new lights on various ethical and legal issues about human biological material. Since Rudolph Virchow, a German pathologist, had founded the medical discipline of cellular pathology, issues centering around human biological materials began to draw attention. The issues involving human biological materials were revisited with more attention along with series concerns when the human genome map was finally completed. Recently, with researches on human genes and bioengineering reaping enormous commercial values in the form of material patent, such changes require a society to reassess the present and future status of human tissue within the legal system. This in turn gave rise to a heated debate over how to protect the rights of material donors: property rule vs. no property rule. (Debate and Cases) Property rule recognizes the donors' property rights on human biological materials. Thus, donors can claim real action if there were any bleach of informed consent or a donation contract. Donors can also claim damages to the responsible party when there is an infringement of property rights. Some even uphold the concept of material patents overtaking. From the viewpoint of no property rule, human biological materials are objects separated from donors. Thus, a recipient or a third party will be held liable if there were any infringement of donor's human rights. Human biological materials should not be commercially traded and a patent based on a human biological materials research does not belong to the donor of the tissues used during the course of research. In the US, two courts, Moore v. Regents of the University of California, and Greenberg v. Miami Children's Hospital Research Institute, Inc., have already decided that research participants retain no ownership of the biological specimens they contribute to medical research. Significantly, both Moore and Greenberg cases found that the researcher had parted with all ownership rights in the tissue samples when they donated them to the institutions, even though there was no provision in the informed consent forms stating either that the participants donated their tissue or waived their rights to ownership of the tissue. These rulings were led to huge controversy over property rights on human tissues. This research supports no property rule on the ground that it can protect the human dignity and prevent humans from objectification and commercialization. Human biological materials are already parted from human bodies and should be treated differently from the engineering and researches of those materials. Donors do not retain any ownership. (Suggestions) No property rule requires a legal breakthrough in the US in terms of donors' rights protection due to the absence of punitive damages provisions. The Donor rights issue on human biological material can be addressed through prospective legislation or tax policies, price control over patent products, and wider coverage of medical insurance. (Conclusions) Amid growing awareness over commercial values of human biological materials, no property rule should be adopted in order to protect human dignity but not without revamping legal provisions. The donors' rights issue in material patents requires prospective legislation based on current uncertainties. Also should be sought are solutions in the social context and all these discussions should be based on sound medical ethics of both medical staffs and researchers.

• 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.

• 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 Haehwa Medicine
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• v.12 no.2
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• pp.235-244
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• 2004

WIPO international government committee will finish to develop toolkit for making documentation on discussions of intellectual property protection with TK, GR until the late 2003. As they construct DB of TK, GR, it becomes in a hurry to construct DB of TK information in Korea. We looked into application of copyright in force and a lot of problems in terms of analyzing medical books in the resent condition or protecting them in Korea. There are 29 kinds which have been lost, 12 kinds which could have read in parts, 136 kinds which have been existed of Korean medical books before 1900. There are also a lot of medical books which have been published after 1900 and still are unpublished. It would be 406 medical books from China totally, 111 kinds from Chosun Dynasty version, 134 kinds from Euybangeuchui, 225 kinds from Hyangyackjibsungbang, 78 kinds from Dongeuybogam. We consider to know whether Korean medical books could been applied to the copyright in force or not in accordance with discussions of WIPO on the period, subject(author), contents of protection. If it is applied to the copyright in force, it will be decided to revise according to discussions of WIPO. On the other hand, the problem which is occurred to protect Korean medical books is friction with China as importing their medical books, to find our medical books actively which has been unpublished. Finally, We have to revise administration and intellectual property standards or protect our medical books by making new administration laws.

• Journal of Korean Medical classics
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• v.33 no.1
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• pp.179-196
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• 2020

Objectives : To examine the meaning of 'harmonizing all medicinals(調和諸藥)' of Gancao's property to grasp its essence which would further lead to better understanding of formula composition where Gancao is both included and excluded. Methods : Contents on Gancao from previous texts were analyzed and integrated with basic descriptions on qi and flavor, shape and colour, origin, name, etc., to form a single Xiang(象) or image. Further discussion was developed from this point in a way to better understand the harmonizing property of Gancao. Results & Conclusions : Gancao's 'harmonizing all medicinals' property is achieved through its 'mitigate urgency' function. The meaning of 'harmonizing all medicinals' could be understood in terms of both mitigating the whole formula and mitigating each medicinal ingredient. First, Gancao's function of mitigating the whole formula is to mediate conflict that occurs from difference in property among each ingredient where each medicinal's property remains intact to perform its effects soundly. Second, to mitigate each medicinal ingredient is to balance the effects of severly biased medicinals to obtain desired effects. Both approaches are same in essence in that they mitigate urgency to achieve the original goal. Gancao's 'harmonizing all medicinals' is to arbitrate others, which sets Gancao apart from other ingredients to function at a more basal level.

• Proceedings of the KOSOMBE Conference
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• v.1998 no.11
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• pp.241-242
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• 1998

For the aritificial heart valve, two types of valves-polymer and mechanical valve- are generally used. The polymer valve is used as a new low-cost artificial valve. Among the several properties of the artificial valve, the low-regurgitation property is important because it can provide better cardiac output characteristic. So in this study we analyzed and compared the regurgitation property of the mechanical valve which is generally used nowdays and the polymer valve which was made in our group. As results, the polymer valve showed the better regurgitation property compared to the mechanical valve approximately by 3 times, and increased the cardiac output by 10%.

• Journal of Korean society of Dental Hygiene
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• v.13 no.3
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• pp.411-418
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• 2013

Objectives : The quality of service is considered as the difference between services that customers perceive and expect by using SERVQUAL model and the basic data for the efficiency of management of dental hospital and clinics, the differentiation strategies of dental medical institutions and the improvements on quality of service are provided. Methods : Subjects were 469 patients who visited six dental hospitals and clinics in Daegu-Gyeongbuk regions. Questionnaire consisted of five items such as type, reliability, responsiveness, certainty and empathy properties. Data were analyzed using SPSS 12.0 program in this study. Results : Women had high satisfaction scores of medical services in certainty and empathy properties. 40s and higher had the highest score in the type property. 30s had high score in the certainty property. For expected service satisfaction, 30s had the highest score in dental practitioners and administrative staffs. For reuse of current medical institution and intent for recommendation, certainty property and factor of dentist and dental practitioners had high scores. Additionally, reliability and responsiveness properties were statistically significant. Conclusions : Medical institutions should make every effort to get the dentists or dental practitioners have the medical knowledge at a high level, a kindness for patients and trust from patients.

• 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.

• The Journal of Korean Medicine
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• v.25 no.3
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• pp.12-19
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• 2004

Objectives : In the WIPO conference about the protection of intellectual property for traditional knowledge (TK) and genetic resources (GR), there was a demand concerning the necessity of recognizing the invention of TK and GR and the foundation of a related database. Methods : In the standard of the foundation of a database, the content and resource identification standards, the technological standards and the security and transmission standards were discussed. In a decision on intellectual property, it means the protection and recognition as a technology precedent of the materials of the database. Results : Massive material on traditional medical care technology in Korea has existed in many areas. However, it is hard to make a database because it is difficult to organize and find the data. In addition, a database demanded by WIPO is not only the material of images or texts of simple technology information, but also the use of patent decisions about traditional knowledge technology and the public sharing of information in related areas. A traditional medical care database would consist of the core of a subject and the related areas. The core part is the medical herb resource and Oriental clinical technology. Conclusions : These are necessary to detail the kind of medicines and prescriptions, their use, and their processing. In the related areas, it needs to detail PIAS and clinical data in regarding the industrialization. These DB have to protect the TK and the GR of Korea.

• 경락경혈학회:학술대회논문집
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• 2006.11a
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• pp.142-142
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• 2006