Earticle

초록

영어

This article tried to capture the specific characteristics of trade secret having recently emerging importance, which were easily overlooked when prior researchers stick only to trade secret itself, by the comparative analysis with patent and other intellectual property protection, etc. Before that, the requirement of independent economic value plus utility seems meaningless repetition in the definition of trade secrets and it is inappropriate for Korean statute to nominate How To Sell as one of only two examples for trade secrets. At first when doing comparative analysis, it is essential to understand that finding an equilibrium between the two protection system, trade secret as technology information and patent is always needed because those are closely related. Then, every issue including novelty and doctrine of equivalents which could arguably be common points should be carefully compared while legislative, executive, and judicial branch shall figure out what will be the problem in which trade secret and patent are related inextricably to each other, as illustrated in this article. The technology information among trade secrets obtained at office will revert to the employee under the Invention Promotion Act though the other part among trade secrets (management information) will probably be taken out by the employer. Finally, it seems premature to establish so-called the Trade Secret Act separated from the current Unfair Competition Prevention Act and the analysis through comparison even with copyrights shed a light on a way to go for an appropriate trade secret protection system in Korea.

목차

Ⅰ. 서론
 Ⅱ. 영업비밀의 정의
  1. 영업비밀 정의 조항을 검토하는 사유
  2. 영업비밀 정의에 관한 비교
  3. 우리 정의조항에서의 중복 문구
  4. 우리 정의조항에 예시된 생산방법 및 판매방법의 타당성
 Ⅲ. 나머지 지적재산권들과 비교할 때 영업비밀의 기본적 특징
 Ⅳ. 특허법상 발명 보호와의 비교 및 상호관계
  1. 특허발명과의 기본적 관계 등
  2. 특허법상 발명 보호와의 구체적 비교
  3. 특허제도와 더불어 한국의 영업비밀보호가 나아갈 방향
 Ⅴ. 특허법외 기술 혹은 발명 보호제도와의 비교 및 상호관계
  1. 발명진흥법상 발명보호와의 상호관계 및 영업비밀의 권리귀속
  2. 발명진흥법상 영업비밀 관련 규정의 보완 필요성
  3. 산업기술유출방지법상 기술보호와의 비교 및 상호관계
 Ⅵ. 영업비밀보호법상 다른 대상의 보호 등과의 비교 및 상호관계
  1. 영업비밀보호법 내부에서 다른 규정들과 영업비밀 관련규정과의 관계분석
  2. 저작권법상 표현 보호와의 비교 및 상호관계
 Ⅶ. 결론
 참고문헌
 

키워드

영업비밀 발명진흥법 부정경쟁방지법 직무발명 원칙 경영정보 기술정보 trade secrets comparison with patent shop rights doctrine with the job the invention The Invention Promotion Act The Unfair Competition Prevention Act

저자

• 박준석 [ Park, Jun-seok | 서울대학교 법과대학/법학대학원 부교수 ]

참고문헌

발행기관

간행물