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임근영 ( Imm Keun-young ) 한국지식재산연구원 2005 지식재산논단 Vol.2 No.2
In the late 1970s, the United States had been losing its international competitiveness in manufacturing industry, and even in some industries such as technology innovation sectors, it began to lag behind Germany and Japan. It also faced challenges from newly industrializing countries(NICs) including Korea. The US aggressively tried to find a breakthrough to overcome the impasses, and one of the alternatives was to activate the commercialization of the public technology, resulting in the economic growth through technology innovation. The US enacted two landmark legislations on technology transfer in 1980: Stevenson-Wydler Act and Bayh-Dole Act. These two legislations provide the unified p이icy on the ownership of patent rights in inventions made through federal government R&D activities. Bayh-Dole Act, in particular, is praised as a success in terms of exploitation of federal government-sponsored inventions. Inspired by the US success, some countries such as Japan try to do benchmarking of Bayh-Dole Act, and Korea is also jumping on the bandwagon. However, the benchmarking of the legal system or policy of foreign country should be based on the thorough understanding on the legislations, for example, the background of enactment, effectiveness, and implication methods, etc. Therefore, this article reviews the positive as well as negative effect of the US legal system on public technology transfer after 20 years from the enactment and consolidation of techn이ogy transfer legislations, and it discusses the implications.
권재열 ( Jae Yeol Kwon ),배도 ( Doh Bae ),임근영 ( Keun-young Imm ) 한국지식재산연구원 2006 지식재산연구 Vol.1 No.1
In the modem society where the competitiveness among countries is getting fiercer day by day, it cannot be too much to emphasize the importance of technology development, patent management, and the commercialization of patented technologies, etc. The previous studies have shown that intellectual properties including patents have great impacts on the raise of national competitiveness. Quantitative growth in patents is the necessary but not the enough condition for the national wealth based on the high-valued patented technologies as future assets. In this context, it is needed to activate the effective patent management system and the comprehensive commercialization. The purpose of this Study is to look at the "trust" as a vehicle for the effective patent management. The first chapter is the introduction of this Study. In the second chapter, this Study reviews the patent management in general. The activities of patent management include the education on patents and the raise of awareness, the disclosure of inventions and the management of patent applications, the management of patent prosecutions(e.g. from patent applications to registrations), the management after the registration, and the management of the patent information. There are several kinds of methods used for the patent management. One of them is the so-called outsourcing. And the trust might be considered to belong to the category of the outsourcing. The Chapter Ⅲ provides the overview of the trust. A trust is the legal relationship created when a person known as the "settlor" places assets under the control of a person, or transfers assets to a person who is called the "trustee", for the benefit of some other people known as the "beneficiary" or for a specific purpose. Since the revision of the Trust Business Act in 2005, the intellectual property can be the objects of the trust. The patent management trust is introduced as a way to manage patent effectively in the fourth chapter.