大學의 硏究成果保護와 技術移轉에 관한 法的 硏究
(A) Legal Study on the Protection of Scientific Research and the Technology Transfer in the University
대학 연구성과보호 기술이전 지적재산권;
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The development speed of knowledge-based industry has been accelerated since the beginning of 21 Century. Therefore, the importance of a university who produces and distributes the knowledge has been enlarged, and the decentralization has also been started. The purpose of this thesis is to study the laws about the protection of research outcomes and technology transfer created by the university in order to prepare for the use of various research funds in the central government which will be transferred to local governments. In this thesis, professor's rights to posses research outcomes obtained through his/her academic activities were clarified and the solutions to promote the technology transfer through the protection of research outcomes were proposed. Specifically, university's management and the compensation system about intellectual rights created by professors were studied to solve the problems on the protection of research outcomes which were the most urgent issues in the university. And a US university's case study about the management of intellectual rights was reviewed, laws and regulations about technology transfer on the "Technology Transfer Promotion Act" were reviewed to activate the technology transfer, and the comparison of the technology transfer with the US university and the Korea's university was carefully done to find problems about the technology transfer and to suggest the possible solution. As final results of this study, three suggestions to promote university's protection of research outcomes and the technology transfer are presented. Firstly, the new organization like the office of the technology transfer in the research-oriented US university which deals with the technology transfer and the management of intellectual rights is needed. The members of the new organization should not totally be recruited from the university but from external professionals such as lawyers, patent attorneys and technology transaction agents to resolve disputes of instinctual rights. Secondly, the unified legalistic system such as Germany's "Act of invention by employees" is needed to obtain the fair distribution of benefits between the management and employees. By doing so, employees put their more effort on the invention and the management maximizes profits by utilizing outcomes invented by employees. Thirdly, the management of current legal systems should be converted toward maximizing the efficiency and effectiveness. The moral hazard such as the illegal registration of the patent, the inefficient management of excellent research outcomes should be discouraged. Not only the central and local governments should provide academic researchers with a lot of considerations to encourage them to study, but also the university should create new cooperative networks with industries, research institutes and governments so as to provide communities with benefits made by practical studies.