지식재산기본법과 국가지식재산위원회의 역할 제고를 위한 법적 검토

Abstract

The Framework Act on Intellectual Property was enacted, and the lapse of five years. But yet there is no high-level control tower to form a national strategic vision and enforcement of specific action plans. As a core source of national competitiveness, it does not make full use of intellectual property. In addition, intellectual property-related policies and tasks that have been made sporadically in several departments without a national strategy and efficient controlment and causing difficulties in effective advocacy. For example, in relation to the protection of any new intellectual property such as geographical indications and new varieties of plants it has redundancy protection cases by the relevant departments. It is becoming a problem that institutional framework and legal regulations are insufficient for control redundancy protection or conflicting relationship In particular, it is responding appropriately with respect to increased patent. Due to the increase of the patent application, the entire patent examination is a problem. This has caused in patent examination backlog has increased the cost of the applicant and declined the patent value. In addition, it is a reality that patent invalid ratio is also higher than the competing countries, subsequent problems occur due to bad patents. The patent is infringed if it takes the relief expenses and considerable time. And more practically, it is difficult that the patent protection. This problem can lead to the examination burden also leads to degradation of the patent. It is the unfortunate part in the actual response that the technological progress and increase in composite technology has been the cause of the increase in processing time. Now the world is increasing the proportion of the knowledge-based economy it is seeking a change in the State Intellectual Property Administration System. Therefore, it is necessary to rethink the intellectual property administrative system and to check the direction to promote the efficient creation and utilization of intellectual property. It is necessary to review to develop into the administration of utilization and protection of the center in the creation of the center.