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「산업기술유출방지 및 보호에 관한 법률」상 기술유출규제를 둘러싼 논점 : 영업비밀보호법상 기술유출규제와 관련하여
배상철 한국지식재산학회 2007 産業財産權 Vol.- No.23
The importance of industrial technoloy is growing in knowledge based economy of 21C. However, also Industrial technology outflow is overflowing. Industrial technology outflow has been regulated by Unfair competition and Business secret protection Law. Industrial technology outflow prevention and protection Law was established in September.2006 and has become effective since April.2007. Therefore, the present, Industrial technology outflow has been regulated by two major laws. But two major laws can overlap each other about a certain case. From this point of view, this study focuses on The problems occurred in law regulation on Industrial technology outflow action, will grope improvement methods. And it covers four main themes. Enactment history and significance of Industrial technology outflow prevention and protection Law; Relation between Unfair competition and Business secret protection Law and Industrial technology outflow prevention and protection Law; Scope of Industrial technology outflow prevention and protection Law; specific Industrial technology outflow action on Industrial technology outflow prevention and protection Law.
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배상철 대한의사협회 2010 대한의사협회지 Vol.53 No.10
Rheumatoid arthritis (RA) is a chronic inflammatory disease that primarily affects the joints. The prevalence and incidence of RA vary among different populations. In the majority of epidemiologic studies carried out in North America, the prevalence of RA is estimated to be 0.5-1.1%, and the incidence, 20 to 50 cases per 100,000 population. The prevalence of RA in Korea has been reported to be 1.1-2.1%. Some studies have shown a decline in both the prevalence and incidence of RA after the 1960s, but more recent trends in RA incidence are not as wellknown. RA is considered to be a multifactorial disease that results from interactions among genetic and environmental factors. The genetic contribution to RA pathogenesis has been estimated to be approximately 60%, and the HLA region has consistently shown the strongest genetic association with RA. Moreover, recent genetic studies of RA have identified a number of novel RA susceptibility genes, such as PADI4, PTPN22, STAT4, and TRAF1-C5. Though several genes, including HLA-DRB1 and STAT4, have been confirmed to be shared susceptibility genes among Asians and Caucasians, some of the susceptibility genes, such as PADI4 and PTPN22, are restricted to specific ethnic populations, revealing the presence of genetic heterogeneity in RA. Among environmental factors, smoking has by far the strongest association with RA in both the development of the disease and worse outcomes. A major gene-environment interaction between the HLA shared epitope and smoking is one of the most important findings from recent etiologic studies of RA. Further studies of RA susceptible genes and environmental risk factors will bring us closer to understanding the pathogenesis of RA.
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배상철 한국지식재산학회 2006 産業財産權 Vol.- No.21
In present Design Law, the applicant should submitt six views and perspective view to KIPO when a design of three-dimensional product is filed. It has recognized that Request of many views is a burden to the applicant. In Geneva Act of the Hague Agreement, no contracting party may requires more than six views where the product is three-dimensional. And the foreign countries have entrust the applicant with a drawing sumbission matter. Therefore, the simplification to submission of a design-drawing is desirble, considering national harmonization, conveniece of the applicant and etc., From this point of view, a study wii1l review a enactment of foreign countries and International Aggrement. Then, offer an alternative plan on the simplification to submission of the design-drawing.
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기업의 직무발명보상에 관한 연구 : 최근 일본의 직무발명보상에 대한 판례 및 기업의 대응을 계기로
배상철 한국지식재산학회 2004 産業財産權 Vol.- No.16
Recently several important judicial rulings have been concluded in relation to the in-service inventions of employees in Japan. The employees who are dissatisfied with the amount of remuneration provided by the their employers have filed lawsuits against the companies after retire, asking for the equivalent or due remuneration under the Japanese patent law. And the total amount of the remuneration becomes enormous. Through their harsh experiences of the lawsuits related to the remuneration for in-service inventions, the Japanese companies have begun to set up a plan which amends their in- house provisions on the compensation for employees' inventions including raising the level of remuneration. The Japanese patent law system and the practices on the remuneration for in-service inventions in the past are not that different from the current those of Korea. In this point, a series of judicial rulings and experience of Japan on the remuneration for employees' inventions so far throw a lot of implications on the practices of Korea. Therefore this study investigates the trend of compensation for the employees' inventions through a general perspective analysis focusing on the recent judicial cases on remuneration for in-service inventions and the companies' response to them in Japan. So this trend find out a suggestive point under condition of presently domestic remuneration for in-service inventions. And it investigates the level of remuneration for in-service inventions through actual condition of analysis, also countermeasures as well as many problems which could be suggested on domestic remuneration for in-service inventions system in the future.
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