지식재산 국제협력 방안에 관한 연구 - 지식재산, 유전자원 및 관련 전통지식에 관한 WIPO조약을 중심으로 -

초록

The conclusion of the WIPO Treaty on Genetic Resources and Associated Traditional Knowledge (“GRATK Treaty“) has provided an opportunity to bring about changes in the existing system for the protection of genetic resources and associated traditional knowledge, while also introducing a new issue, namely a disclosure requirement for the source of genetic resources used in inventions. Furthermore, the treaty stipulates that, after a certain period following its entry into force, a review process regarding the scope of its application will be initiated. This is expected to lead to discussions on expanding its scope to include other types of intellectual property rights beyond patents, or to encompass derivatives. In addition, the treaty is significant in that it establishes an institutionalized amendment procedure to address related scientific and legal challenges, by stipulating that any necessary amendments shall be discussed through a Diplomatic Conference convened by the Assembly of the Contracting Parties. However, the entry into force of the GRATK Treaty presents several challenges for South Korea, as follows: First, the issue of amending domestic legislation regarding the disclosure of the source of genetic resources; second, the problem of unequal treatment arising from false or inaccurate disclosure of the source; third, the challenge of establishing a database system as a defensive protection measure; fourth, the burden placed on patent applicants; fifth, the increased burden on patent examination; and sixth, the issue of benefit-sharing costs associated with compliance obligations. Traditionally, South Korea has been positioned as a user country of genetic resources. Therefore, regarding the various issues arising from the introduction of this treaty, including regulations requiring the disclosure of the source of genetic resources, a balanced approach is required that respects the international rationale for biodiversity conservation and the protection of genetic resources and associated traditional knowledge, while also fully considering South Korea's national interests. Accordingly, South Korea should cautiously consider whether to accede to the treaty, how to reflect its provisions in domestic legislation, and what policy measures should be adopted. In addition, close attention should be paid to how the treaty will actually be implemented in the international community, and how it will respond to the evolving technological environment.

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