A research on the selection of subject and its legal and institutional guarantee concerning protection of the intellectual property of traditional medicine

전통의약분야의 지적 재산권 보호를 위한 대상 발굴 및 법적.제도적 보장 방안 연구

This project is planned to grasp the present situation of traditional medicine part in our country and to study protection method about this by the intellectual property which is the international concerning point recently. Through this, we will be able to devise means to deal with protection method of traditional medicine being developed by WIPO now. Traditional medicine field In our country Is organized with specific condition separated into the part of institution and the part of non-institution. So, because of the closed peculiarity, we have experienced the difficulties to understand the real facts about traditional medicine. We cannot be indifferent to the matter anymore. Because the expectation of object people is high, we could expect the realization of research content. In 1 detail project, we investigated the situation of traditional medicine in our country through various collecting methods for excavation of oriental treatment technique and herb medicine which is worth protecting. With it, we sorted again into 56 kinds of 11 parts through analysis of validity in the way of oriental medicine. And we tried to link this up 2 detail project which is about legal and institutional guarantee concerning protection. furthermore, we tried to find approach ways for security of objectivity into 4 steps with the example of model disease. we could complete practical classification of traditional medicine in our country. In 2 detail project, we studied the protection method by the intellectual property through research result in 1 detail project. For this, we observed an outline of the intellectual property including a patent application analysis in folk traditional medicine part, and problems of traditional medicine protection and world trend by traditional knowledge protection tendency and the patent law In domestic traditional medicines, the aspects unprotectable with the patent law now were remained. So, we suggested supplementary plan. And we also suggested the freedom of utilization between traditional medicine possession countries (in-situ utilization) and the demand compensation payment for a third country (ex-situ utilization) in connection with international movement.