지역 지식재산 진흥을 위한 법･정책적 소고

Abstract

By enacting the Framework Act on Intellectual Property (IP) as the highest norm concerning IP, the Republic of Korea unifies consistently and consistently the basic principles and significant policy directions of the government’s IP policy directly from the law. In the meantime, by establishing the Master Plan for National IP at the government level and establishing systems such as the National IP Committee to review and adjust the relevant policies, the Republic of Korea has established social conditions and institutional foundations to maximize the value of IP in our society. In particular, according to the Framework Act on IP, the central government should develop and promote comprehensive measures to foster and create the foundation for the protection and use of IP. Considering the government policies and regional characteristics, local governments should develop and promote local IP policies. Besides, nations, local governments, public research institutes, and business sectors should cooperate to effectively promote government policies to create, protect, and use IP and to build the underlying basis (Article 4). Under the Framework Act on IP, policies for promoting local IP have been implemented in the Republic of Korea. However, there is still an imbalance in the IP environment between regions. Therefore, in order to overcome regional IP deviations and promote local IP, it is necessary to derive the right improvement plan that takes into consideration the characteristics of each region. In this context, this paper analyzes the IP laws and policies of the central and local governments of major countries, such as the United States, Japan, and China, and the limitations of IP laws and policies of central and local governments in Korea were derived through comparative research. Moreover, we analyzed the domestic IP environment and the regional IP laws and regulations and analyzed the relationship with the IP laws. Also, the effectiveness of the local IP promotion plan (master plan) was reviewed, focusing on the local IP center. Based on the above analysis, this study provides a legal basis for designing the promotion system and operation plan of local IP promotion policy according to regional characteristics. Furthermore, the present study suggests ways to improve the laws and policies to build a balanced foundation for local and national IP development in the following two aspects: The need for harmonized legal guidelines for promoting local IP promotion policies and strengthening the role of local IP centers.