유전자원 특허에 관한 주요 쟁점 및 TRIPs협정의 개선방안

A Study on the Improvement of TRIPs Agreement regarding Patent on Genetic Resource

Purpose - With the development of bio-technology, the market size of the bio-industy has been steadily growing, and Genetic Resouce patents are also increasing in important. TRIPs Agreement is the only binding international norm in relation to the intellectual property right of Genetic Resource patent. The Purpose of this paper is to discuss a revision TRIPs Agreement regarding patent on Genetic Resource to the extent that the parties do not suffer damage. Design/Methodology/Approach - We used the secondary data such as convention article, report and news article. Especially, we looked into the TRIPs Agreement and Nagoya Protocol. This is because the two agreements are representative of the norms related patent on Genetic Resource. In order to analyze the issue regarding patent on Genetic Resource, we also examined cases of dispute. Findings - We propose to revise three things in relation to the patent on Genetic Resource. Three things are to place PIC(Prior Informed Consent) in TRIPs Agreement, to clear the scope of patent exclusions, and to place Exhaustion Doctrine in TRIPs Agreement. Research Implications - Nagoya protocol and TRIPs Agreement has its limitations. We would like to acknowledge the limitation of each norm and revise it to a norm that is satisfactory to all parties concerned with genetic resources.