S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) Journal of Korean Law Journal of Korean Law Volume 12 Number 1/2 (2012)
Utilization of Patent Information for Humanitarian Purpose: Focusing on Technologies in the Public Domain
- Kim, Ilgyu
- Issue Date
- BK 21 law
- Journal of Korean Law, Vol.12 No.2, pp. 163-196
- Patent; Intellectual Property; Human rights; public domain; appropriate technology; KIPO; WIPO; ODA
- Due to its exclusive nature of intellectual property rights, there have been numerous tensions between intellectual property and human rights. In order to reconcile those tensions, many different kinds of efforts, especially in the area of patent, have been made, which include legislative, licensing, and policy-based approaches. However, one of the best ways to acquire accessibility to technologies without legal constraint is to use technologies in the public domain.
Many life-improving technologies that people in least developed countries (LDCs) need might be found in patent documents under public domain, because not only many patents are expired way before their legally allowed protection term of twenty years, but also technologies which impoverished people need usually may not be the technologies which were recently patent granted. In addition, many of patented technologies in developed countries are not usually filed at LDCs. Recent projects conducted by the Korean Intellectual Property Office and World Intellectual Property Organization show how to utilize patent information in assisting impoverished people in LDCs, which might be another reconciliatory way of tensions between developed and developing countries regarding patent system.