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직무발명의 귀속과 보상 -한국과 미국을 중심으로- : Ownership of and Compensation for Employee Inventions
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- Authors
- Issue Date
- 2005
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.46 No.3, pp. 159-200
- Keywords
- 직무발명제도의 배경 ; 청색 발광다이오드 ; 직무발명의 실시권 ; 직무발명(특허출원) 추이
- Abstract
- In modern society, most technologies are created by companies that have a
well-organized research base. That is, most inventions today are created by
employees who are working for companies.
In deciding whether an invention made in the course of employment should
belong to the employee or the employer, patent law has to balance interests
between employers and employees. It has long been supported that the inventor
is the first owner of a patent. However, if someone is employed to do
something (e.g. invent), the resulting products (i.e. inventions) should be owned
by the employer. Patent Act states that if the invention of an employee meets
the requirements relating to an in-service invention and the employee transfers
his invention to a company, the company must grant him proper compensation
for his invention.
University patenting and licensing efforts under the Bayh-Dole Act have
fostered the commercialization of many new technological advances in the US.
The Bayh-Dole Act created incentives for the government, universities, and
industry to work together in the commercialization of new technologies for the
public benefit. With the success of the Act in the US, similar system has been
employed by universities in Korea. Thus, ownership of inventions made by
professors under certain circumstances is transferred to the industry foundation
(such as SNU Industry Foundation of Seoul National University). Now it became
very important to establish a standard by which ownership of inventions by
professors could be determined and appropriate compensation could be given to
inventors.
- ISSN
- 1598-222X
- Language
- Korean
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