정부발주사업 창출물의 효율적 활용을 위한 지식재산권 귀속 규정 정비방안 연구 - 산업재산권과 저작권의 조화를 중심으로 -

Abstract

For the past 10 years, the issue on the ownership of intellectual property rights arising from the project ordered by the Government has been remarkably discussed. In this regard, a systematic change has been recently made in such a direction as granting intellectual property rights to a person who has actually created a work. However, despite this ostensible systematic development, a creating party is still much restricted from utilizing the intellectual property right concerned after it has been granted by the ordering agency, provided that such restriction has been attributed not to the selection of the party holding the intellectual property right but to a newly emerging cause. In this case, the newly emerging cause means the institutionalization of copyrights and patents, etc., based on the characteristics of each, leading to conflicts among such rights upon exercising them. In light of this, this study explores the measures for resolving the conflicts arising upon exercising each intellectual property right so that the system on the ownership of intellectual property rights could be sufficiently improved. Accordingly, with a focus on patents, etc., as being significantly improved from the systematic perspective, the problems that could possibly occur are examined in terms of copyrights, although the utilization of patents, etc., is secured. Specifically, this study examines the following problems and considers each appropriate solution in legislation: i) as the scope of using the subject matter by the other party is not clarified, confusion could occur among the parties to the contract; ii) as the other party fails to secure its right of integrity, the object of the contractual purpose could not be properly utilized; iii) any problems arising from the working of a third party of the patent held by the other party; and iv) problems due to conflicts with regard to the regulations and administrative rules.