농업관련 지적재산의 보호와 개발 전략

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(1)발간등록번호 완결 보고서. 11-1390000-002062-01. 농업관련 지적재산의 보호와 개발 전략 Study on the development strategies and protections of intellectual properties in Korean agriculture. 한국농촌경제연구원. 농. 촌. 진. 흥. 청.

(2) 제. 출. 문. 농 촌 진 흥 청 장 귀 하. 본 보고서를 “농업관련 지적재산의 보호와 개발 전략”과제의. 완결보고서로. 제출합니다.. 제출일시: 2008년 7월 24일. 과제수행 참여 연구원 과. 제. 명. 농업관련 지적재산의 보호와 개발 전략. 연구책임자 소속기관 한국농촌 경제연구원. 성 명 성명환. 연구수행참여자 소속기관. 성 명. 한국농촌. 김수석. 경제연구원. 승준호. 세부과제 수행기간. '06.4-'08.4 지적재산 평가모형의 개발과 가치평가. 경북대학교. 김태균. 경북대학교. 손미연 지현서.

(3) 목. 차. Summary ··········································································································································· ⅶ Ⅰ. 서 론 1. 연구 필요성 ····························································································································· 1 2. 연구 목적과 방법 ···················································································································· 2 3. 주요 연구 내용 ························································································································ 3 4. 선행 연구 검토 ························································································································ 3 Ⅱ. 지적재산권 관련 국제협약 및 논의 동향 1. 지적재산권의 정의와 분류 ····································································································· 5 2. 식물품종 및 유전자원 관련 국제협약 및 국제적 협의 내용 ············································ 7 3. 유전자원 관련 분쟁사례와 합리적 이용사례 ····································································· 21 4. 한국의 유전자원 관리․보존 실태 ······················································································ 24 Ⅲ. 지적재산권 관련 법체계와 실태 1. 지적재산권 관련 법체계 및 제도 현황 ·············································································· 30 2. 품종보호 ································································································································· 31 3. 식물특허 ································································································································· 43 4. 상표 ········································································································································· 46 5. 지리적표시 ····························································································································· 50 6. 식품관련 특허 ························································································································ 61 Ⅳ. 지적재산의 경제적 가치 평가 1. 가치평가 모형 ························································································································ 65 2. 지리적표시․상표권에 대한 평가 : 참외 ··········································································· 72 3. 품종특허․품종보호권에 대한 가치 평가 : 장미와 딸기 ················································· 78 4. 특정성분 함유 특허권에 대한 가치 평가 : GABA사과 ··················································· 88. -i-.

(4) Ⅴ. 지적재산권의 분쟁사례 1. 분쟁해결제도 ·························································································································· 94 2. 분쟁사례 ································································································································· 95 3. 시사점 ··································································································································· 115 Ⅵ. 지적재산의 보호와 개발 전략 1. 농업부문 지적재산의 개발 방향 ························································································ 117 2. 농업부문 지적재산의 개발 및 보호 전략 ········································································ 118 3. 농업부문 지적재산 관련 대책 및 제도 정비 ··································································· 122 Ⅶ. 적요 ········································································································································· 126 Ⅷ. 부록 1. 일본의 지적재산권 제도 ····································································································· 131 2. 지적재산의 가치평가를 위한 설문조사표 ········································································· 155 Ⅸ. 인용문헌 ································································································································· 163. - ii -.

(5) 표 차 례. 제Ⅱ장 표 2- 1. 지적재산권의 분류 ···································································································· 7. 표 2- 2. UPOV 협약의 개정 과정 ························································································· 8. 표 2- 3. UPOV 협약 비교 ······································································································· 8. 표 2- 4. UPOV 협약의 내용(1991년 협약 기준) ·································································· 9. 표 2- 5. 농업 관련 품종보호법 타결 상황 ·········································································· 11. 표 2- 6. 유전자원 관련 작업과제 ························································································· 16. 표 2- 7. 전통지식 관련 작업과제 ························································································· 16. 표 2- 8. 식량농업식물유전자원 국제조약의 대상 식량작물 ·············································· 19. 표 2- 9. 유전자원 관련 특허사례 ························································································· 22. 표 2-10. 우리나라 종자식물의 종 현황 ··············································································· 25. 표 2-11. 목본식물의 종 현황 ································································································ 25. 표 2-12. 특산목본식물 유전자원의 현황 ·············································································· 26. 표 2-13. 종자식물의 현지내 보존 현황 ··············································································· 26. 표 2-14. 종자은행 보존작물 중 재래종 유전자원의 현황 ················································· 27. 표 2-15. 산림유전자원 보존현황 ··························································································· 27. 표 2-16. 자생초본식물 유전자원 현지외 보존현황 ····························································· 28. 표 2-17. 식량농업식물유전자원 주요 관리기관 ·································································· 28. 제Ⅲ장 표 3- 1. 지적재산권의 법체계 및 관할기관 ········································································ 31. 표 3- 2. 연도별․작물별 품종보호출원 및 등록 현황 ······················································· 38. 표 3- 3. 식량작물 품종보호출원 및 등록 현황 ·································································· 38. 표 3- 4. 채소 품종보호출원 및 등록 현황 ·········································································· 38. 표 3- 5. 과수 품종보호출원 및 등록 현황 ·········································································· 39. 표 3- 6. 화훼 품종보호출원 및 등록 현황 ·········································································· 39. 표 3- 7. 사료작물 품종보호출원 및 등록 현황 ·································································· 39. 표 3- 8. 특용작물 품종보호출원 및 등록 현황 ·································································· 39. 표 3- 9. 특용작물 품종보호출원 및 등록 현황 ·································································· 40. 표 3-10. 연도별 개인육종가의 품종보호출원 및 등록 현황 ·············································· 40 - iii -.

(6) 표 3-11. 품종보호대상작물 및 지정계획 ·············································································· 42. 표 3-12. 식물 관련 발명의 주요 특허 현황 ········································································ 43. 표 3-13. 연도별 상표등록건수 ······························································································· 47. 표 3-14. 농축산물 브랜드 현황 ····························································································· 48. 표 3-15. 시도별 브랜드 현황 ································································································ 48. 표 3-16. 품목별 브랜드 현황 ································································································ 48. 표 3-17. 시도별 브랜드 등록 현황 ······················································································· 49. 표 3-18. 품목별 브랜드 등록 현황 ······················································································· 49. 표 3-19. 지리적표시 등록절차상의 내용 ·············································································· 53. 표 3-20. 지리적표시의 품목별 등록 현황 (2007. 6월 현재) ············································· 54. 표 3-21. 지리적표시의 년도별 등록 현황 ············································································ 54. 표 3-22. 지리적표시의 지역별 등록 현황 ············································································ 55. 표 3-23. 지리적표시 단체표장 등록 현황 ············································································ 58. 표 3-24. 연도별 출원건수 ···································································································· 61. 표 3-25. 농업 및 식품분야 특허출원 동향, 2005 ······························································· 61. 표 3-26. 농업관련 국제특허분류 ··························································································· 62. 표 3-27. 농업 및 식품에 대한 특허출원 분야 ···································································· 63. 표 3-28. 식료품에 대한 연도별 특허출원 건수 ·································································· 63. 제Ⅳ장 표 4- 1. 지적재산별 분석방법 비교 ····················································································· 65. 표 4- 2. 참외의 속성 및 수준 ······························································································· 73. 표 4- 3. 응답자에게 제공한 참외 속성에 대한 설명 ························································· 73. 표 4- 4. 선택형 실험 설문의 예시 ······················································································· 73. 표 4- 5. 설문에 이용된 프로파일들의 조합 ········································································ 74. 표 4- 6. 응답자 특성변수의 기초통계량 ·············································································· 75. 표 4- 7. 변수의 정의 ·············································································································· 76. 표 4- 8. 다항로짓모형의 추정결과 ······················································································· 76. 표 4- 9. 속성별 한계지불의사금액 ······················································································· 77. 표 4-10. 응답자 특성변수의 기초통계량 ·············································································· 78. 표 4-11. 국내품종 사용경험(장미) ························································································ 79. 표 4-12. 해외품종 선호정도(장미) ························································································ 79. 표 4-13. 응답자에게 제공한 진선미에 대한 설명 ······························································ 79. 표 4-14. 로짓모형의 추정결과 ······························································································· 80 - iv -.