지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 발행연도
- 2007.12
- 수록면
- 1 - 12 (12page)
- DOI
- 10.34122/jip.2007.12.2.2.1
이용수
초록· 키워드
오류제보하기
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. This note attempts to address inefficiency of the Korea’s national R&D programs by applying the model of Invention-for-Hire system/doctrine (Countries vary in the form of the adoption of the idea; some merely recognize it as a doctrine without having it as a legislated system. Also there can be different names for the idea, such as invention-for-hire, employee’s
invention, invention made in the course of employment). Most previous studies on Korea’s national R&D programs have focused on various problems in running national R&D programs, with little focus on patent system. However, Bayh-Dole Act (and other similar legislations too) in essence intends to commercialize R&D products by giving research institutions exclusive rights such as patent. Thus it would be productive to address through patent system the inefficiency of any national R&D programs founded on Bayh-Dole-like legislations. 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. By viewing national R&D programs from the perspective of the two fundamentals, this note finds that success in the US in implementing Bayh-Dole Act was attributable to the fact that the operation of the Act was based on the successful combination of the two fundamentals. Upon the finding, this note attempts to address the current problems in Korea’s national R&D programs. This note points out that the programs are currently being operated in a manner that deters effective performance of the two fundamentals. As to the first fundamental (the incentive given to employer in the form of entitlement to obtain patent or otherwise property rights over the invention by employee), the current regime of laws governing the assignment of property rights over invention is too complex to attract industry to buy inventions or invest in the creation of inventions. As to the second fundamental (the incentive given to employee in the form of reward for invention made by herself), the current regime of laws allowing inventors rewards is insufficient to encourage the inventors to become active in their research and inventive activities.
invention, invention made in the course of employment). Most previous studies on Korea’s national R&D programs have focused on various problems in running national R&D programs, with little focus on patent system. However, Bayh-Dole Act (and other similar legislations too) in essence intends to commercialize R&D products by giving research institutions exclusive rights such as patent. Thus it would be productive to address through patent system the inefficiency of any national R&D programs founded on Bayh-Dole-like legislations. 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. By viewing national R&D programs from the perspective of the two fundamentals, this note finds that success in the US in implementing Bayh-Dole Act was attributable to the fact that the operation of the Act was based on the successful combination of the two fundamentals. Upon the finding, this note attempts to address the current problems in Korea’s national R&D programs. This note points out that the programs are currently being operated in a manner that deters effective performance of the two fundamentals. As to the first fundamental (the incentive given to employer in the form of entitlement to obtain patent or otherwise property rights over the invention by employee), the current regime of laws governing the assignment of property rights over invention is too complex to attract industry to buy inventions or invest in the creation of inventions. As to the second fundamental (the incentive given to employee in the form of reward for invention made by herself), the current regime of laws allowing inventors rewards is insufficient to encourage the inventors to become active in their research and inventive activities.
목차
I. 서설
II. 직무발명과 국가연구개발사업
III. 해외 국가연구개발사업의 운용현황
IV. 국가연구개발사업상 직무발명제도의 운용
V. 맺는 말
Abstract
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