• Journal of the Korea Academia-Industrial cooperation Society
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• v.17 no.8
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• pp.280-291
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• 2016

The Invention Promotion act is one of the acts that have been frequently revised. Such frequent revisions have been pointed out as a major cause of the recent ongoing discussion on the alignment of the Invention Promotion Act. For proper alignment of the Act, diversified perspectives and issues have been discussed. Of them, the talk considering the effect of the 2011 Framework Act on Intellectual Property establishment on the Invention Promotion Act has received increasing attention. In this situation, this paper examined the relationship between the Framework Act and Invention Act with special focus on the relationship between the framework-formed law and an individual act that has existed prior to such a framework act. Based on this analysis, this study examined the alignment goal of the Invention Act. In addition, by studying the relationship between the recently-established framework act and the individual act along with revision case examples thereof, this paper aimed to produce a standard reflecting the legal reality. This study assumed that, although it is difficult to recognize any formal superiority in the Framework Act on Intellectual Property in the present South Korean legal regime, some practical superiority or practical supremacy is still deemed to be acknowledged. Under this assumption, it was found in this study that the Invention Promotion Act would also need to be managed in an appropriate relationship with the Framework Act within the range of such an attitude. Moreover, the structure would need to be reorganized. As discussed partially at the practical level, however, the Invention Promotion Act is an execution act of the Framework Act on Intellectual Property. Furthermore, it is inappropriate to seek to converge the full structures completely, given the limitations of the South Korean legal regime and the fairness balance with other legal cases. It is deemed that, although the provisions of the Framework Act on Intellectual property should be considered at the practical level, the Invention Promotion Act will need to be respected for its legislative purpose in itself.

• Journal of Korean Elementary Science Education
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• v.29 no.1
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• pp.1-12
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• 2010

The purpose of this study is to analyze elementary school students' class contents and activities between the invention class for the gifted under the local education office by the 'Gifted Education Promotion Act' and that under the invention classroom by the 'Invention Promotion Act'. For this study, the survey was conducted to 1,788 elementary school students who attended the invention class for the gifted both under the local education office and under the invention classroom. The analysis of the survey showed that the students of the invention class for the gifted under the local education office had higher motivation and participation rate in class, higher interest in invention, and stronger significantly in a future oriented will than those under the invention classroom. The parents of the invention class for the gifted under the local education office showed more enthusiastic attitude to support their students, and had significantly stronger recognition that the participation of the students in the invention education for the gifted helped enter an advanced school than those under the invention classroom. However, the class contents of the invention class for the gifted under the local education office such as 'understanding the influence of the invention history and products on society', 'scientific inquiry skills for problem solving', 'technological and engineering abilities for creating an invention', 'developing knowledge and abilities about business and management by using a new invention' were not different from those under the invention classroom. In addition, discussion and presentation were not active in the class activities of the invention class for the gifted under the local education office. Therefore, the researchers should compensate and develop a program which can apply strategically differentiated class contents and class activities to the students who participate in the invention class for the gifted under the local education office by the 'Gifted Education Promotion Act'.

• 발명특허
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• v.36 no.4
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• pp.34-39
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• 2011

• 발명특허
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• v.36 no.11
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• pp.19-23
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• 2011

• Journal of the Korea Academia-Industrial cooperation Society
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• v.14 no.11
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• pp.5594-5600
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• 2013

The compensation for employee invention from the university can be taxed or non-taxed depending on the classification of the type of income. The government legislated the Promotion of Industrial Education and Industry-Academic Cooperation Act and the Technology Transfer and Commercialization Promotion Act in order to improve the research productivity of universities and industrial-academic collaboration via transferring the technologies. However, the confusion with taxation on the compensation of employee invention from the university has been incurred due to the difference of legal interpretation between government bureaus. In this research, bureaucratic conflict on the non-taxation scheme is examined in a legal aspect and the effect of non-taxation scheme is also studied in aspect to personal tax exemption. Finally, some suggestions are provided for the purpose of settlement of the non-taxation scheme in order to improve employee invention from the university.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.17 no.5
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• pp.219-226
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• 2016

There has been some controversy about imposing income tax on the compensation for university employees' inventions. In this research, various issues of taxation related to such compensation are examined, with Supreme Court Judgement 2014Du15559 as a means of understanding the confusion associated with this taxation. An amendment of the Income Tax Law is proposed based on the examination results, in order to promote research in the university field, which is able to make various types of compensation for employee inventions fall into the category of tax exemptions. It is concluded that if the Income Tax Law is amended to refer to the definition of technology in the Technology Transfer and Commercialization Promotion Act, instead of that of the Invention Promotion Act, the compensation resulting from newly emerging IPRs and technical know-how, which are currently taxed, can become tax exempt.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.12
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• pp.752-758
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• 2020

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.

• 발명특허
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• v.37 no.2
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• pp.48-53
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• 2012

America Invents Act (이하 'AIA')는 미국의 특허법 역사상 가장 파격적인 수정법이라고 할 수 있다. 많은 규정이 변경되거나, 새로 제정되었는데, 그 중에서도 First-to-Invent(이하 'FTI')로부터 First-to-File(이하 'FTF') 제도로의 변화가 가장 중요한 변화이다. 다만, 미국의 새로운 FTI 제도는 여타 국가의 선출원 제도와 선출원을 한 출원인이 특허를 취득하게 된다는 기본 성격은 공유하되, 예외 규정을 두어 궁극적으로는 사뭇 틀린 독특한 제도를 채택하고 있다. 이 독특한 규정들을 정리해 보면 다음과 같다. 미국의 FTI는 엄격하게 말해 First-Inventor-to-File(이하 'FITF')이라 칭해지고 있다. 여기에는 여타국가와 달리 "Inventor"라는 것이 포함되어 있어 여전히 종전의 "True Inventorship"을 중요한 가치로 여긴다. 따라서, First-to-File이긴 하나, 여전히 진정한 발명자만이 특허를 취득할 수 있게 하는 제도라 할 수 있다.

• The Journal of the Korea Contents Association
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• v.17 no.7
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• pp.487-497
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• 2017

South Korea needs reorganization of dispute resolution system due to the frequent occurrence of a case that trade secret or technique are leaked. First, the distributed various laws are established and enforced by enacting and enforcing individual laws. Therefore, the redundancy problems, the collision of individual laws, the decline in diversity, integrity, and connectivity are issues. An independent legal system is needed by Act on the Prevention and Protection of Technology Leakage. Thereby, The support system of technological protection that is sprayed in government departments such as the Small and Medium Business Administration, the Ministry of Trade, Industry and Energy, the Patent Office, the Fair Trade Commission, the Trade Committee, the National Police Agency, and the Spy Agency integrates and unifies institutionally, and it is necessary to advance a policy with functional division. Second, the Patent Tribunal, the Invention Promotion Act, the Industrial Property Right Dispute Mediation Committee by the patent law, the Industrial Technical Dispute Mediation Committee on the Industrial Technology Outflow Prevention and Protection Law and the Medium and Small Firm Dispute Mediation and Arbitration Committee on Small Business Technology Protection Support Law are installed. However, since it established the integrated law on the Act on the Prevention and Protection of Technology Leakage, it is desirable to set the merged operation of establishment on the Technical Dispute Mediation Committee under the Small and Medium Business Administration or the Ministry of Trade, Industry and Energy.

• Journal of Arbitration Studies
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• v.21 no.2
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• pp.85-112
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• 2011

These days utilization of copyright in daily life and economic activities is becoming more important than ever, and IT technology is developing day by day. Along with those fact, copyright infringement and dispute is naturally increasing. This thesis dealt with the 3 different issues of ADR on copyright. The First part, introduce ADR system that was performed by Korea Copyright Committee according to Copyright law. This paper evaluate the committee's efforts to provide resolution of copyright disputes via conciliation was effective. So it needs to be look over several countries' ADR, beside conventional judicial remedy. And Korea's copyright conciliation system which is successfully operating also introduced. Second, In many countries, including South Korea are take advantage of conciliation as the way to settle down the dispute over copyright. Furthermore, looked over if we can use arbitration as tool to settle dispute or not. Currently in Korea, patent dispute is handled by Industrial Property Dispute Conciliation Committee(The Invention Promotion Act Ch.5) and Layout-design Review and Mediation Committee(The Act on the Layout-designs of Semiconductor Integrated Circuits Art.29-34), but using performance of those two committee is still too low. In comparison, the copyright committee, a affiliation organization of the ministry of culture, sports and tourism has much more result in conciliation compare with patent dispute. Copyright disputes has arbitrability of it's subject-matter and many regulating organs are interested in it. (especially, binding of arbitral award and final resolution). Take advantage of both conciliation and arbitration could be good way to resolve copyright disputes. Third, the writer look at the proposal on the creation of Northeast Regional Center for Intellectual Property ADR. Because of the nature of copyright and rapid development of internet technology, international use of work become more frequent and accordingly infringement cases are increasing. The role of commercial arbitration regimes and institutions which has progressed significantly worldwide level, but which has only just begun in the intellectual property ADR area, leads also to a clash of often very different legal cultures and protection in a market economy. International cooperation in regional area with conflict interests becomes an important alternative. But it will depend on the building of regional institutions and mechanisms. The feasibility of this proposal and preconditions were examined. Establishment of new international organization requires a lot of time, cost and efforts. And risk of failure is much too high. Therefore factual, statistical review should be preceded. In addition, technical measures, such as on-line arbitration is necessary to review also. Furthermore in order to establish new organization, the relative law, legal environment, public sentiment and international compliance must be carefully considered with factual review about the needs and economic benefits of each country Yet on complex regulatory matters such as IP and ADR, a great deal of the potential benefits from international standards arises not from the international legal framework nor even the formal content of national legislation, but from the informed and effective use made of the possibilities within the system, including by policymakers and regulators.