직무발명보상에 관한 국제사법적인 문제

In modern days, company want to have patent in order to win in competition with other company. But because patent can be gained only from person's invention, company make employee invent. According to korea patent law, employer gains patent and he compensate for employee due to losing right of gaining patent. But wether can employee compensate for losing foreign patent is not clear. This issue is not matter of domestic law but that of international private law, because korea patent law is applied to only the relation of korea patent. korea international private law regulated that the law is applied to sphere related to foreign factors. Generally the sale of thing in foreign territory is to sphere related to foreign factors. Therefor, this issue need to apply korea international private law. There is no directive regulation related to this issue in korea international private law. Article 24 of this law is only infringement of intellectual property rights. Because this issue is concerning transfer contract of right to obtain patent from employee to employer, regulation related to contract should be applied to it. Article 26 of korea international private law is concerning to contract. According to this article, korea substantive law should be applied to the issue. Korea substantive law concerning this issue is patent law, the law to promote invention(발명진흥법), and civil law. The law to promote invention have directive regulation concerning inventor's right to employer's interest obtained from domestic patent stemmed from employee invention, but the law is applied only in realm of korea. Korea patent law prescribe the right to receive patent, but it did not prescribe contract to transfer the right. Therefor, inventor request compensation to employer according to korea civil law.