지적재산권으로서의 농부권 보호와 종자주권
Farmers' Right Protection as Intellectual Property Right and Seed Sovereignty
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Gene-rich countries' protection of traditional knowledge and farmers' rights has been the international tendency. This is important for CBD, PGR Treaty and food sovereignty. Even in gene-poor countries, such as developed countries, farmers are authorized to use for propagating purposes in the field, on their own holding the product of the harvest which they have obtained by planting, on their own holding, propagating material of a variety. However, we do not have such systems for farmers' right protection. We need to consider some legal systems like others in order to protect farmers' right and seed sovereignty. Firstly, in-situ conservation method is prepared in Seed Industry Act and Agricultural Genetic Resource act for conservation of traditional knowledge and promotion of biodiversity. Secondly, farmers' right is legally guaranteed for seed preservation and conservation. Thirdly, the value of traditional seed is recognized as not only genetic resource but also seed itself because seed is essential element for food sovereignty. Lastly, IP system on seed as living organism is reexamined. IP does not mean only patent or breeder's right but farmers' right and traditional knowledge. For example, we can consider open source seed model in seed like software.
Abstract
Gene-rich countries' protection of traditional knowledge and farmers' rights has been the international tendency. This is important for CBD, PGR Treaty and food sovereignty. Even in gene-poor countries, such as developed countries, farmers are authorized to use for propagating purposes in the field, on their own holding the product of the harvest which they have obtained by planting, on their own holding, propagating material of a variety. However, we do not have such systems for farmers' right protection. We need to consider some legal systems like others in order to protect farmers' right and seed sovereignty. Firstly, in-situ conservation method is prepared in Seed Industry Act and Agricultural Genetic Resource act for conservation of traditional knowledge and promotion of biodiversity. Secondly, farmers' right is legally guaranteed for seed preservation and conservation. Thirdly, the value of traditional seed is recognized as not only genetic resource but also seed itself because seed is essential element for food sovereignty. Lastly, IP system on seed as living organism is reexamined. IP does not mean only patent or breeder's right but farmers' right and traditional knowledge. For example, we can consider open source seed model in seed like software.
참고문헌 (21)
- 김은진, "식량권과 식품안전 - 식품안전기본법을 중심으로-", 원광법학, 24(4), pp.107~134 (2008), 법학연구소
- 김은진, "유전자변형생물체의 법적 규제에 관한 연구", 박사, pp.2006
- 김은진, "유전자조작 밥상을 치워라!" (2009), 도솔
- 신성장동력산업으로서 2020 종자산업 육성대책’, "농림수산식품부", ~ (2009)
- 박수진, "생물다양성협약상 유전자원의 접근 및 이익공유의 최근 동향 및 정책방향에 관한 고찰", 국제법무연구, 12(2) (2008), 경희대학교 국제법무대학원
- 손세정, "전통지식보호에 관한 연구", 박사, pp.2008
- Anne E. Crocker, "Will Plants Finally Grow into Full Patent Protection on an International Level? A Look at the History of U.S. and International Patent Law Regarding Patent Protection for Plants and the Likely Changes After the U.S. Supreme Court's Decision in J.E.M. Ag Supply v. Pioneer Hi-Bred", Drake J. Agric. L., 8, pp.251~ (2003)
- ETC Group, "Who Owns Nature? : Corporate Power and the Final Frontier in the Commodification of Life", ~ (2008)
- ETC Group, "Oligopoly, Inc. - Concentration in Corporate Power", ~ (2005)
- FAO, "World agriculture: towards 2010. An FAO study", ~ (1995)
- FAO, "“Farmers' Rights”(FAO Res. 5", 89, FAO Conference 25th Sess.), 1989
- FAO, "The State of Food Insecurity in the World 2006", ~ (2006)
- Gregory Rose, "International Law of Sustainable Agriculture in the 21st Century: The International Treaty on Plant Genetic Resources for Food and Agriculture", Geo. Int'l Envtl L. Rev., 15, pp.583~ (2003)
- Jack Kloppenburg, Jr., "농업생명공학의 정치경제: 시작은 씨앗부터" (2007), 나남
- Jack Kloppenburg, Jr., "Seeds, Sovereignty and the Via Campesina: Plants, Property, and the Promise of Open Source Biology", ~ (2008)
- Jay McGown, "Out of Africa: Mysteries of Access and Benefit Sharing" (2006), Edmonds Institute
- Global food price crisis : trade policy origins and options, "Jean-Pierre Chauffour", World Bank, ~, pp.Trade Note No. 44894 (2008)
- Keith Aoki, "Free Seeds, Not Free Beer: Participatory Plant Breeding, Open Source Seeds, And Acknowledging User Innovation in Agriculture", Fordham L. Rev., 77, pp.2275~ (2009)
- Keith Aoki, "Seeds of Dispute: Intellectual-Property Rights and Agricultural Biodiversity", Golden Gate U. Envtl. L. J., 3, pp.79~ (2009)
- Robert E. Evenson, ""Economics of Intellectual Property Rights for Agricultural Technology”, 「Agriculture and Intellectual Property Rights: Economic, Institutional and Implementation Issues in Biotechnology」" (2000), CABI publishing
- Double jeopardy : responding to high food and fuel prices, "World Bank", Working Paper, ~ (2008)