國際硏究契約에서 知的財産權 歸屬에 關한 法的硏究 - 政府出捐硏究院 등에서의 知的財産權 政策提案을 中心으로 -

Other Titles
A Legal Study on the Ownership of International Research Results - Focused on Reasonable and Applicable Research Institute's Intellectual Property Policy proposal -
Authors
최치호강선준유희준
Issue Date
2009-12
Publisher
한국기업법학회
Citation
기업법연구, v.23, no.4, pp.509 - 534
Abstract
In recent years, as a consequence of the globalization of Research and Development(R&D), researchers must increasingly be aware of world-wide trends and cooperate with international R&D institute. The Joint Research has a consistently high record of achievement in research, and it is the New government strong commitment towards research which attracts large amounts of research grant income. Survival in today's fast-paced business environment requires fast learning how to team up with foreign independent research organization to survive world and acquire Science and technology. It is best way to emulate the success of the university United States and Japan, whose system is one of the most remarkable IP Policy. Stanford University, Massachsetts institute of Technlogy(MIT), and The University of Electronic-Communiciations(UEC)'s IP policy give us lessons like these are helping us move forward- with careful steps. While it may not be so perfect, though, there are implications for the make the our Intellectual Property Policy(IP Policy). This Study considered the matter from various angles and designed to improve compare experiences and review policy and management issues in IP policy. In this paper proposes to enact the reasonable and applicable research institute's intellectual property policy proposal. A private enterprise have several options for Intellectual Property Rights such as ownership of inventions and license. The option a corporation select determines which commercialize Inventions. [IP Policy] 1.Inventions created by only the Researcher Institute shall be owned itself. 2.Inventions created by the Researcher Institute and collaborator shall be owned jointly Institute and collaborator. The share of Inventions will be determined according to the contribution. 3. [Option A : Research institute Sole inventions] 1) Assignment of Intellectual Property 2) Grant of limtied-term, exclusive license 3) Grant of limited-term non exclusive license 4) No grant of license 4. [Option B : Joint inventions] 1) Assignment of Intellectual Property 2) Grant of limited-term, exclusive license(including distribution license fee, if grant a non-exclusive license to a third party) 3) Grant of non-exclusive license 4) No grant of License International cooperation and Joint R&D are the main stream of the ‘open innovation R&D’ and can time to take the leap advanced country. It is necessary for us to get a new IP Policy to develop world wide famous research instittue and protect efficient of rewards from R&D.
Keywords
공동연구; 소유권의 귀속; 지적재산정책; 독점실시; 비독점실시; Joint Research; Ownership of Research Result Intellectual Property Policy; Exclusive License; Non-Exclusive License
ISSN
1598-3722
URI
https://pubs.kist.re.kr/handle/201004/131903
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KIST Article > 2009
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