This study focused on the legal considerations for developing systematic mechanism to enhance the applicable level of commercialization for the technologies which were developed by public financial supports. Actually, according to related reports, it was shown that the success rate of commercialization amounted to below 10% in terms of public research and development performances which were acquired by governmental institutes, universities and national and public research institutes. In political, technical and industrial viewpoints, this study basically described the technology transfer for research and development business operated in public sectors so as to develop systematic mechanism for improving low commercialization as described above. The study also examined legislative examples related to the technology transfer of each country in terms of comparative law, and presented our legal system as well as the reasonable legislative solutions so as to activate public technology transfer. The methods of the study can be described as follows: First, research literatures and reports are examined and arranged, which have been published so far. Those materials are also summarized on the basis of related data or informations which are submitted to various public institutes as well as summary questionnaire and the experience in technology transfer. Furthermore, the materials are used as a basic data for analyzing our legal system by examining laws and regulations related to technology transfer in foreign countries in terms of comparative law. The scope and content of this study can be classified into 3 sections: ⅰ) Generality for public technology transfer; ⅱ) legislative examples from each country in terms of public technology transfer; ⅲ) legal system and remedial direction for public technology transfer in Korea. Finally, the remedial direction for legislation to facilitate public technology transfer can be summarized into 5 sections as follows: Firstly, in terms of legal arrangement related to technology transfer. Secondly, in terms of research and development business. Thirdly, in terms of the support system for public technology transfer. Fourthly, in terms of the management system for public technology transfer. Finally, in terms of the right to execute the public technology transfer.
목차
I. 序 1. 硏究의 目的 2. 硏究의 方法 II. 公共部門의 기술이전에 관한 일반론 1. 技術移轉의 漸念 2. 技術移轉의 類型 III. 公共硏究機關의 技術移轉 現況및 문제점 1. 공공부문의 技術移轉현황 2. 公共技術移轉의 問題點 IV. 公共技術移轉에 관한 各國의 立法例 1. 美國의 技術移轉法 2. 日本의 技術移轉法 V. 우리나라의 公共技術移轉에 관한 法制와 改善方案 1. 技術移轉關聯法律의 주요 내용 2. 技術移轉促進法의 主要 內容 3. 公共技衛移轉 活性化률 위한 改善方案 VI. 結論 參考文獻 Abstract
키워드
Technology transfertechnological expansionlicensingordinary technical fee(loyalty)study resultsactivation of technology transfer
본 학회는 지식재산 및 관련 제도(특허, 실용신안, 상표, 디자인, 영업비밀, 저작권, 반도체칩, 컴퓨터프로그램, 데이터베이스, 디지털콘텐츠 등)에 관한 국내외 이론과 실무에 대한 연구를 촉진하여 지식재산분야의 학문간 융합발전과 국제적 유대를 강화하고, 지식재산에 관한 지식을 보급하여 인적 네트워크 구축과 정책제언을 추진하며 이를 통해 국가발전에 이바지하는 것을 목적으로 한다.