Legal Issues and the Role of Local Government to the Traditional Intellectual Property and Folklore
Kim, Sunjeong
Especially identity of indigenous people and equitable benefit shar ...

Legal Issues and the Role of Local Government to the Traditional Intellectual Property and Folklore
Kim, Sunjeong
Especially identity of indigenous people and equitable benefit sharing have come under intense discussion. Because increased traditional knowledge, genetic resources and folklore protection may conflict and put in jeopardy long established intellectual property system, it is important that the issue is carefully deliberated. Traditional knowledge etc. of indigenous people and developing countries not only stand on equal footing but also harmonize their views with existing intellectual property regime. Our government has opposed the third world's view that patents based on traditional knowledge and products and processes derived from such knowledge should be excluded from being patented. It means that the traditional knowledge becomes a right of intellectual property.
In a recent year, our government has a goal that ... Inspite of local government acknowledge the value of traditional knowledge etc., their achievement is very weak till now because they misunderstanding the policy goal, insufficient of cooperation between government - local government - university - industry, lack of expert and unexperienced works. The writer emphasize that make some laws should be supportive of traditional knowledge conservation and increasing the use. Pushing for an adaption of the proper laws to be incorporated into legal system which will enable their traditional knowledge to be sufficiently protect and efficiently commercialized. All this points should be considered in the future legislation.
Part Ⅱ sets the stage by summarize the international effort and advance. Part Ⅲ reviews recent government and local governments efforts to recognize the important of the traditional knowledge etc. and promote the preservation, protection and commercialization of them. The writer point out some problems of government with a brief description of the legal frame that will be needed to advanced discussion. And suggest possible improvements. Part Ⅳ presents a brief conclusion.