대학교수발명과 직무발명- 대학교수발명의 권리귀속에 대한 문제점을 중심으로 -

Abstract

Today, knowledge-based society, university is being asked to promote national competitiveness through creation and diffusion of knowledge as well as to conduct classical roles which are education and research. With these circumstances, our university is concentrating on maintenance of its framework to execute industry-university cooperation effectively and establishment of technology transfer center or industry-university cooperation foundation to encourage the development of professor’s intellectual properties and the business use of them. However, if it doesn’t define the belonging subject of rights of professor’s invention and operate compensatory regulation of those, university can’t create much accomplishment and even will be involved in wasteful disputes. Thus, fair legal treatment with professor’s invention are the most important prior tasks to stimulate industry-university cooperation further. In this paper, under these points, the belonging subject of rights of university professor’s invention has been thoroughly studied. As a result, it is assured that a professor’s invention is an employee's invention. And concerning the contracts with private industry, university or industry-university cooperation foundation should take responsible role of research contracts and technical assistance contracts not a professor him/herself. Also it is desirable that the contracts should provide a provision that all the profits generated from such a professor's invention should be shared among university, professor, and private industry. Furthermore, university should hold the right for invention and private industry should hold the right of precedent practice in a case that nation and private industry offered the research fund.