지식재산 사업화 관련 법제도 체계에 대한 분석

Abstract

As one of the Five IP Offices(IP5), Korea has maintained world-class level in a creation and protection of Intellectual Property. However, when it comes to create value by taking advantage of the created IP, it falls short of expectations. For these reasons, the recent policy of the government’s research and development, and technology and intellectual property is concentrated on commercialization. Support commercialization of intellectual property policies of the government, which is run mostly on the legal foundation, such as Technology Transfer and Commercialization Promotion Act, The Framework Act on Intellectual Property, Invention Promotion Act, Industrial Technology Innovation Promotion Act, Framework Act on Science and Technology, Regulations on Management of national Research and Development Projects, etc. These laws include a variety of programs and institutions for the commercialization. For example, specialized technology commercialization company, technology evaluation, technology holding company, finance, technology trust, technology start-ups specializing in company, asset-backed securitization, gratuitous donation, etc. The commercialization policy has been implemented by various government agencies such as the commercialization of research and development by the Ministry of Education, Science and Technology, industrial property commercialization by the Patent and Trademark Office, and the commercialization of the technology industry by the Ministry of Knowledge Economy, and the commercialization of the technology-related venture company by the Small & Medium Business Administration. Therefore, IP(including technology) commercialization in relevant laws can be overlapped, and the organic connection may not be enough. For instance, the Framework Act on Science and Technology does barely address facilitating commercialization of intellectual property from the research and development stage. This paper provides the basic comprehensive review of the relationship of the laws and institutions related to intellectual property rights commercialization. It examines inefficiency caused by redundant regulations of commercialization, and non-legislative space as well. It also suggested the necessity for a further study on comprehensive analysis on the legal system for the commercialization of intellectual property.