<B3F3BEF7B0FCB7C3C1F6C0FBC0E7BBEAC0C7BAB8C8A3BFCDB0B3B9DFC0FC2E687770>Study
on the development strategies and protections of intellectual
properties in Korean agriculture
“ ”
.
3.
························································································································3
4.
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.
1.
·····································································································5
2. ············································7
3.
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4.
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.
1.
··············································································30
2.
·································································································································31
3.
·································································································································43
4.
·········································································································································46
.
1.
························································································································65
3. : ·················································78
4. : GABA
···················································88
- ii -
1.
························································································117
2.
········································································118
3.
···································································122
.
·········································································································································126
2.
·········································································155
.
·································································································································163
2- 2 UPOV
·························································································8
2- 3 UPOV
·······································································································8
2- 4 UPOV (1991 )
··································································9
2- 5
··········································································11
2- 6
·························································································16
2- 7
·························································································16
2- 8 ··············································19
2- 9
·························································································22
2-10
···············································································25
2-11
································································································25
2-12
··············································································26
2-13
···············································································26
2-14 ·················································27
2-15
···························································································27
2-16
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2-17
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3- 2
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3- 3
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3- 4
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3- 5
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3- 6
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3- 7
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3- 8
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3- 9
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3-10 ··············································40
- iv -
3-12
········································································43
3-13
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3-14
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3-15
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3-16
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3-17
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3-18
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3-19
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3-20 (2007. 6 )
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3-21
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3-22
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3-23
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3-24
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3-25 , 2005
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3-26
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3-27
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3-28
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4- 2
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4- 3
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4- 4
·······················································································73
4- 5
········································································74
4- 6
··············································································75
4- 7
··············································································································76
4- 8
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4- 9
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4-10
··············································································78
4-11 ()
························································································79
4-12 ()
························································································79
4-13
······························································79
4-14
·······························································································80
- v -
4-16 () CDF, PDF
·························································82
4-17 () () ·····································82
4-18 () (Turnbull ) ····························82
4-19
··············································································83
4-20 ()
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4-21 ()
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4-22
··································································84
4-23
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4-24
·····················································································86
4-25 CDF, PDF
·········································································86
4-26 () () ········································87
4-27 () (Turnbull ) ································87
4-28
······························································································88
4-29
·························································89
4-30
·······················································································89
4-31
··············································································90
4-32
·····························································································90
4-33
·······················································································91
4-34
·······················································································92
8- 2 ( )
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- vi -
8- 1
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8- 2 ·····················································133
8- 3
······································································133
8- 4 ·················································137
8- 5
······························································139
8- 6
········································································140
8- 7
············································································143
8- 8
·····························································145
8- 9
·················································································145
8-10
·························································150
8-11
··································································151
8-12 TLO
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- vii -
Summary
Study on the development strategies and protections of intellectual
prop-
erties in Korean agriculture
This study's objective is to review the institutional aspects of
intellectual properties
and genetic resources situation, to evaluate economic value for
intellectual property
rights in agricultural sector, and then to suggest the development
strategies and pro-
tections of intellectual rights. The main intellectual property
rights in agricultural sector
include patent on plant, protection of new plant variety and
geographical indications.
The plant variety protection was established by the Seed Industry
Law along with
the 1991 UPOV Act. The purpose of the Law is to develop seed
industry and to stability
of agriculture, forestry, and fishery by enacting provisions on
protection of the breeder's
right, management of variety performance, seed production,
certification, marketing and
etc. The National Seed Management Office, as an implementing agency
for the Plant
Variety Protection has been reorganized in 1998.
The economic values of patent on plant, geographical indications
and trademarks
for specific crops were evaluated by the econometric methods. For
example, this study
is to estimate consumer’s marginal willingness to pay for
geographical indication of
Seongju melon. The result indicates that the estimated marginal
willingness to pay for
geographical indication is very meaningful. Consumers are willing
to purchase geo-
graphical indication products even if its price is higher than
ordinary agricultural
products. Therefore, it can be concluded that consumers have very
high reliability to-
wards geographically indicated products.
The concerns to the intellectual property rights in the
agricultural sector are
increased. Therefore, it should need a policy of the intellectual
property rights in agri-
culture for protecting their rights. This study suggested
strategies for strengthening the
protection of new plant variety, applying R&D results to
agricultural production, and
activating the geographical indication for regional economy.
- 1 -
.
1.
. , , , ,
. , ,
, .
. , ,
.
.
(WIPO)
.
.
TRIPs
.
, ,
.
.
, .
,
. ,
. ,
.
- 2 -
2.1.
21
.
,
.
,
, ,
.
2.2.
, , WTO, WIPO, FAO ,
.
.
.
.
, , , ,
. ,
.
, ,
. ()
.
.
- 3 -
,
, ,
.
3.
,
.
.
, , , ,
.
.
(, ,
) ,
.
,
, , ,
.
.
4.
(1999) ,
,
.
- 4 -
(2001) 1990
.
.
(2002) (access and benefit sharing: ABS)
, ABS
. ,
,
,
.
(2004) · · ,
·
. ·
· , .
·
.
(2004)
.
UPOV(2005) (UPOV) UPOV
(PVP ) PVP
.
PVP .
- 5 -
1.
1.1.
19 . 1883 11
‘ ( )’ ,
.
(WIPO: World
Intellectual Property Organization) 1967 . WIPO
, ,
. (1998 ),
(PCT, 1984 ), (1988 ),
(UPOV, 2002 ) WIPO .
WIPO 2 8 “ ,
, , , , , ,
, , ,
, ”
. , , , , , ,
, ,
.
. WIPO
, , , , , ,
, , , ,
, .
. TRIPs
WTO
.
(TRIPs: Agreement on the Trade-Related Aspect of Intellectual
Property
Rights) .
,
.
TRIPs 7, 73
, , ,
,
( )
.
TRIPs ‘ ’
, , , ,
, , , , , . TRIPs
, , , ,
, . ()
.
. TRIPs
TRIPs ,
. TRIPs , , ,
, , , ,
. , , ,
, , ( 2-1).
- 7 -
: ,
:
: , WTO , 4, GATS, TRIPs, DSU, 1996.
2.
,
.
, (UPOV)
. (CBD)
, TRIPs .
(FAO) (
) 2004 .
2.1.
. (UPOV)
1961 , 1968
UPOV1 . UPOV
,
1 UPOV Union Internationale Pour la Protection des Obtentions
Vegetales International Union for
the Protection of New Varieties of Plants .
- 8 -
, ,
, , . UPOV 1961
1972 1 , 1978 2 , 1991 3
( 2-2).
2-2 UPOV
1 1972 1977
2 1978 1981
3 1991 , 1998 4
: UPOV
2006 UPOV 63 .
1982, 1999 2002 1 UPOV 50
.
UPOV (1991 ) 10 42
, , ,
( 2-3).
. ,
, 2
. 15 20(
25) . ,
.
1978 1991
5, 3 10 6 18, 8 24
15 10
, , ,
, ,
, , , , , , , ,
, , , ,
15 20( 25)
: UPOV
2 (essentially derived variety) ,
, .
, .
- 9 -
UPOV
. .
, , , ,
.
,
1 , 4
.3
.
.
(off-type) , .
.
. .
2-4 UPOV (1991 )
1 , , , (1)
2 (2), ·(3), (4)
3 (5), (6), (7), (8), (9)
4 (10), (11), (12), (13)
5 (14), (15), (16), (17), (18), (19)
6 (20): , , 3 , , ,
7 (21), (22)
8 (23), (24), (25), (26), (27), (28), (29)
9 (30), (31),
(32)
10
(33), , , , (34), (35), · (36), (37), (38), (39), (40), (41),
(42)
: UPOV
- 10 -
,
.
WTO/TRIPs
. UPOV
.
UPOV , UPOV
.
UPOV .
. WTO/TRIPs
TRIPs
, , ,
.
.
.
.4
.
.
(inbred line)
.5
TRIPs < 2-5> .
, 6
. 20 ,
4 .
5 F1 .
, .
6 .
- 11 -
,
. TRIPs “
1 ”
, 4 , 10
.
2-5
20
· · ,
(DDA) TRIPs
, ,
, (CBD)
7. .
TRIPs
.
.
2.2.
.
(sui generis system) .
.
(sui generis system)
,
.
7 (2002)
- 12 -
(CBD)
,
.
. WTO/TRIPs
WTO TRIPs
. TRIPs .
.
. TRIPs 27
,
. 27.3
27.3(b) “ ,
”
.
, 3 , ,
.
. TRIPs
. TRIPs
“ ,
”.
CBD TRIPs
. CBD
, TRIPs
.
.
,
.
TRIPs 27.3(b) 29
.8
8 (2002. <IP/C/W/356>). , , , , , ,
, , , , .
- 13 -
.
3
. TRIPs , ,
. ,
CBD TRIPs .
.9
. CBD “
”(ABS)
, TRIPs
.
CBD 1992 5 (UNCED)
1993 12 . 1994 . CBD
. CBD 1
.
CBD ‘ ’
.
,
9 (2001. <IP/C/W/257>) .
- 14 -
.
CBD 15
(15
1). (mutually agreed terms, MAT)
(15 4), (prior informed consent, PIC) (15
5).
(15 7 19 2).
(19 1).
(8 j).
CBD (Access and Benefit
Sharing, ABS) , (Bonn)
(Bonn Guidelines on Access to Genetic Resources and Fair and
Equitable Sharing of the
Benefits Arising of their Utilization).10
(2) (Bonn)
Bonn 2002
4 6 CBD .
(ABS) .
Bonn , , ,
, 5 .
(PIC), (MAT)
(ABS) .
10 (Bonn) 2002 4 6 CBD (The
ad hoc open-ended Working Group on Access and Benefit Sharing) 2001
10 31 .
- 15 -
1) (PIC)
Bonn ,
, . ABS
(PIC) . PIC
.
PIC , , , PIC ,
, . PIC
.
2) (MAT)
Bonn ABS .
, , , ,
(MAT) , 3 , ,
. .
, , ,
3) (ABS)
ABS CBD
, .
. ABS (Material
Transfer Agreement, MTA) .
, ,
- 16 -
CBD ABS 1 (cleaning-house
mechanism) .
.
. (WIPO)
CBD WIPO ABS
, ABS .
WIPO 2000 , , WIPO
.
WIPO 2004 3 6
.
< 2-6>, < 2-7> .
2-6
A1 ABS
A2
A3 ABS
A4
A5
2-7
B1
B2 ,
B3
B4
ABS
.
- 17 -
6
.
1: PCT
2:
(Journal of Patent Associated Literature, JOPAL)
3: ,
4: D/B
5:
6: (, , )
6 ,
.
“ , , ” ,
.
, ,
.
, .
WIPO , WIPO
.
(sui generis sys-
tem) .
,
D/B .
- 18 -
(1) FAO
1990 FAO
. CBD FAO CBD
‘ ’(common heritage of man-
kind) ‘ ’(common concern of mankind) .
.
FAO ,
ABS
. FAO 2001 31 2004 6 29
(International Treaty on Plant Genetic Resource for Food and
Agriculture) .
(2) FAO
FAO 2001 10 121
(International Undertaking on Plant Genetic Resources for
Food
and Agriculture) . 2001
11 3 FAO (International Treaty on Plant
Genetic Resources for Food and Agriculture) . 40
, 2004 6 29 40 .
FAO
ABS (multilateral system)
. 85% 35 29
, 64 ( 2-8).11
, ,
(Farmers' Rights) , ABS .
,
. FAO (10 1).
11 .
- 19 -
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