유럽연합에서의 생명공학 발명의 법적 보호 / The Legal Protection of Bio-technological Inventions in the European Union

• ​저자명

강준모

• 학술지명

한양법학

• 권호사항

44권

• 발행처

한양법학회

• 자료유형

국내학술지

• 수록면

247 - 278

• 언어

Korean

• 발행년도

2013. 11

• ​Abstract

Led by the emergence of a knowledge-based society, the biotechnology industry, that is the bio-based biotechnology, can be defined as using a living organism’s features and information needed by humans to produce useful materials and services. The rapid development of biotechnology is bringing about national competitiveness through its great industrial ramifications. Being so important, when seen in the view of existing industry standards, the technology to respond to the ethical and social challenges with the corresponding legal and technical problems, especially challenges in the intellectual property field, is being brought forth.
In the midst of systematic formulation, biotechnology and related plant and animal patents, including microorganism patents, are facing new challenges. With the completion of the human genome project, issues of patent protection regarding gene fragments using genetic information, the so-called animal cloning techniques using embryonic stem cells, and although on a different level the profit sharing for genetic resources and the protection for intellectual property rights discussed at the Rio Environment Summit are presently raising a variety of issues concerning the urgency and necessity of research in the field of patent law.
As mentioned above, the purpose of this study is recognizing the need for biotechnology research concerning the recently raised core issue of patentability, discussing the development of the European Union‘s legislative process and exploring their adjudication examples, and obtaining information which has implications for our nation‘s intellectual property policy.