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대·중소기업간 공동연구시 발생하는 지식재산권 관련 쟁점에 관한 검토Review on the Intellectual Property issues in the joint research agreement

Other Titles
Review on the Intellectual Property issues in the joint research agreement
Authors
신재호조용순
Issue Date
2011
Publisher
한국지식재산학회
Keywords
joint research; joint research agreement; Mutualism; joint ownership; employee invention; ownership of patent right.; 공동연구; 공동연구계약; 상리공생; 공유; 직무발명; 특허권 귀속.
Citation
산업재산권, no.36, pp 129 - 174
Pages
46
Indexed
KCI
Journal Title
산업재산권
Number
36
Start Page
129
End Page
174
URI
https://scholarworks.gnu.ac.kr/handle/sw.gnu/24112
ISSN
1598-6055
2733-9483
Abstract
This study considers the mutually beneficial ways to resolve the conflicting matters that potentially arise from joint research between large firms and SMEs. To this regard, it suggests certain of typess of special contracts that can be applied to the case in which the parties seek joint ownership, while this also reviews the way for fair sharing through the use of existing Employee Invention for the case that right to research finding subjects to one party. For the mutualistic relation between large firms and SMEs is to be established, above all, large firm’s awareness that it is willing to share some portion of total profit need to be encouraged. This study also provides how to reasonably share profit for this large firms and basic guidance for SMEs to define the basic demand level for negotiation with large firms.
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