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http://dx.doi.org/10.5762/KAIS.2020.21.12.752

Self-Disclosure and Confidential Responsibility of Professor Regarding Employee Invention  

Na, Dong-Kyu (College of Law, Graduate School, Hongik University)
Publication Information
Journal of the Korea Academia-Industrial cooperation Society / v.21, no.12, 2020 , pp. 752-758 More about this Journal
Abstract
A professor is an employed as a member of a college, and his invention is transferred to the Industry-Academic Cooperation Foundation (IACF). A professor often reveals his inventions in a thesis or at a symposium before the IACF applies for a patent. Such self-disclosure could be in violation of the confidential responsibility. This study analyzes the number of patent invalidation trials as well as self-revealed patent applications raised in connection with the confidential responsibility. This study also scrutinizes cases to figure out whether the confidential responsibility was breached depending on the time of the self-disclosure both before and after the succession of an invention. In addition, side effects that could accompany self-disclosure are investigated. In the case of the self-disclosure by the professor, an invention to which the college belongs fails to secure patent right or it is hard to obtain comprehensive right. Even if rights were secured, it could be invalidated. Furthermore, they could infringe the confidential responsibility of employees under the Invention Promotion Act, and also could contravene the confidential responsibility specified by the Enforcement Decree of the unfair Competition Prevention if the succession of the invention is confirmed. Therefore, colleges should manage self-disclosure of employee invention and take appropriate action.
Keywords
College; Professor; Employee Invention; Confidential Responsibility; Self-Disclosure;
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