공공 SW사업 활성화를 위한 산출물 권리귀속의 개선방안

Abstract

The purpose is to present amendments to the Act on public-private partnerships in infrastructure and the Software Promotion Act in order to find ways to revitalize the private investment system in public SW projects. In order to actively participate in private investment and revitalize the private SW market, it is necessary to discover various profit structures and secure the basis for practically applicable intellectual property rights so that the private sector can secure appropriate profits stably. In order to encourage the revitalization of the private SW market by establishing a foundation for securing stable profits for private investment-type SW projects, we would like to propose a method for transferring ownership and managing the characteristics of public SW projects and private investment. Most importantly, it is related to the attribution of intellectual property rights, which are the products of SW projects. The problem of copyright attribution of government service software is a combination of institutional and practical problems, and unlike the principle of laws and regulations, there are many cases in which the ordering organization owns the copyright alone. To improve this, it is necessary to legislate the revised Ministry of Strategy and Finance's ‘general conditions for service contracts’ to be stipulated in the ‘National Contract Act’ to balance profits between the ordering organization and the development company, and to amend the ‘National Property Act’ and the ‘Public Property Act’ that prohibit the sole ownership of copyrights. In addition, it was proposed to clarify matters related to the attribution of rights in the ‘Software Promotion Act’ in the ‘General conditions of the service contract’.