전자연구노트의 증거법상 제문제

Due to the influence of Internet penetration and informatization, attention in Electronic Laboratory Notebooks that are records of information at the level of research and development arises. Electronic Laboratory Notebooks are easier to use, store and search than conventional laboratory notebooks. Moreover they can save the space for storage and contribute to Green IT policy by reducing the use of paper. The importance of laboratory notebooks cannot be overemphasized. They can be reliable evidence for determining inventers, contribution ratio of inventers, the possibility of employee invention, and the possibility of non-exclusive license based on prior use. They also can be used as favorable evidence at the USPTO Interference Proceeding and take an important role when negotiating for licensing after the completion of technology development. In this regard, Article 29 of Regulation on management etc. of national research and development projects that was amended in August 2010 imposes obligation of making guidelines for laboratory notebooks to Minister of Education, Science and Technology, and imposes obligation of making laboratory notebooks to researchers. At the same time, Article 30 of the said regulation states that the heads of central administrative agencies, professional organizations and research institutes which conduct research and development projects shall establish and implement a policy for preventing misconduct in research and development. This leads to a speculation that records of research process like laboratory notebooks will have important meanings as evidence for proving misconduct in research and development as well as basis for determining the date of invention. Moreover because an electronic suit has implemented in the patent suit since April 26, 2010boosting electronic movement in the judicial system, the use of Electronic Laboratory Notebooks is expected to be frequent. Under these circumstances, it is important to consider how Electronic Laboratory Notebooks should be understood in the field of evidence law and how researchers should react to such circumstances for the protection of intellectual property. Therefore, in this article, issues arisen by the use of Electronic Laboratory Notebooks and various ways to vitalize it will be reviewed.