종업원의 퇴직 이후 직무발명과 동일성에 대한 판단 : 특허법원 2009. 9. 10 선고 2008허7515 등록무효(특)판결 = Case Comments on Patent Court of Korea Judgement on Identity of the Employee's Invention and The Prior Application Invention (2009.9.10.Docket No. 2008huh7515)

다국어 초록 (Multilingual Abstract)

In recent years, the importance of 'knowledge based economy' has opened and Institute and Private company has been experiencing economic growth due to its investment in science and technology and entrepreneurial ideals. How to contribute to the profit of In-service Invention between employee and employer has emerged as an important issue among the inventors.
There is a law which is called EMPLYOEE INVENTIION ACT of 2006 regarding in this matter.
This Act enact two critical provision about In-servie Invention
(1) A company that does not have a provision or agreement with employer expressed or implied, which employee state not assign In-service invention, it has a non-exclusive, royalty-free license right
(2) Nevertheless, Employer has not transferred employee inventions, if this invention meet the requirements, it can be considered In-service inventions and employee must make amends for Employee Inventions.
The purpose of this decree is to case comment on the Korean Patent's Judgement on Employee Invention Assignment and Compensations. This study is a comparative study on Case and a review on Acts from various perspectives with the goal improve the regulation issues regarding In-service Inventions.
Finally, this Paper comment a case and introduces legal issues how to best way to protect profits for Employees and Employers.
Employees of firms could be compensated for their efforts. The firms also can earn returns on the investments by In-service Inventions.
The most significant point in Employee Inventions are check and balance. It is necessary for us to keep a balance between "Employee's profits" and "Employer's interests".

목차 (Table of Contents)

• 국문초록
• Ⅰ. 서론
• Ⅱ. 사실관계 및 판결의 내용
• Ⅲ. 심결 및 판결에 대한 평석
• Ⅳ. 결론
• 참고문헌
• Abstract