The Comparative Study On Rights Protection For Inventor-Employee Of China And Korea

To ensure the rights of inventor-employee in China and Korea,this paper analyzes the remuneration system for employee invention and related cases in both countries,and makes suggestions to revise or compensate for shortcomings in the remuneration provisions of related laws or company regulations.As for China,the related laws are Patent Law;Detailed Rules for the Implementation of Patent Law;and the Draft Regulation on Employ Invention,a bill waiting to be passed.In Korea,major laws are the Patent Act and the Invention Promotion Act.Indeed,the regulations of China and Korea have clear differences in defining the ownership of the patent rights for the employee invention.Still,there are common challenges and improvement areas through learning from each other.In this regard,the Chapter 1 summarizes the origin and critical revisions in the employee invention of both countries,and analyzes underlying theories related to the employee invention.The Chapter 2 presents solutions to major problems in common after analyzing their theories and regulations on the patent ownership for employee invention.The key issues are ‘the time of report after completion of employee invention' and ‘patent ownership for the invention completed after the termination of employment contract.' The Chapter 3 explains various remuneration systems for employee invention followed by the need to expand remuneration and adopt additional compensation systems.In addition,it identifies infringement cases of inventor's rights when the principle of ‘priority of agreement' is applied without any limitation to a company's employee invention regulation,and presents prevention measures.The Chapter 4 focuses on the calculation of compensation for employee invention.It addresses the analysis on relevant cases,differences and problems in calculating methods of China and Korea,and possible measures to supplement the systems.