국가연구개발 사업과 직무발명 보상에 관한 고찰 = A Study to Improve Efficiency of National R&D Programs by Applying Invention-for-Hire System

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 Invention-for-Hire system. (1) A company that does not have a provision or agreement with employer expressed or implied, which employee state not assign Invention-for-Hire, 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 Invention-for-Hire and employee must make amends for Employee Inventions. And many countries, including Korea, are implementing Bayh-Dole-like legislations for the purpose of improving the efficiency of R&D programs operated with national or federal funds. Although one may admit that Bayh-Dole as originally adopted in the United States was effective in bringing into the market patents made in universities, a lingering question is that laws similar to Bayh-Dole may not have the effects as such in different situations, that is, in different counties. In fact, a number of studies point out inefficiency of Korean R&D programs funded by the Korean government. Pursuant to the basic framework of the Invention-for-Hire system, this note uses for analysis two fundamentals that support the Invention-for-Hire system: incentive given to employer in the form of entitlement to obtain patent or otherwise property rights over the invention by employee; and incentive given to employee in the form of reward for invention made by herself. Employees of firms could be compensated for their efforts. The firms also can earn returns on the investments by Invention-for-Hire. 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.

참고문헌 (Reference)

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8 송충한, "대학의 기술이전 촉진을 위한 국가 연구개발사업의 기술료 제도 개선방안" 한국기술혁신학회 11 (11): 1-22, 2008