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KMID : 0986720160240020103
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Korean Journal of Medicine and Law
2016 Volume.24 No. 2 p.103 ~ p.121
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Intellectual Property Rights in Transition : International Laws and Challenges on Human Genome Research
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Kim Han-Nah
Kim So-Yoon
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Abstract
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This article aims to demonstrate recent tendency on the patent protection of human genome research in international society. Specifically, this paper focuses on the concept of benefit-sharing interpreted by international norms and guidelines in international government organizations and its application in international human genomics consortium. Traditional discussion on intellectual property rights(IPRs) in international health shows limitation to apply new international IPR issues. Discussion for benefit-sharing at UNESCO are too comprehensive to resolve the new issues on precision medicine. OECD guidelines primarily focus genome databases rather than dealing the entire field of genomic medicine. Therefore, it is required to develop IPR system over current level of the discussion and consensus.
In contrast to slow movement of international organizations, since Human Genome Project, various international consortiums on human genome research have taken more active measures, for example: open access policy; blocking parasitic intellectual property claims; granting preemptive opportunity to data providers rather than approving exclusive rights; and obligation to pass the review committee of the consortium to data users who want to download higher level of materials. The consistent trend of the opening and sharing genomic data seems to be a general practice in international research partnership.
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KEYWORD
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Human Genomic Research, Genomic Database, Data Access Policy, Publication Policy, Patent Policy, Review Policy
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