군위탁생 지식재산의 권리 귀속에 관한 연구

For the development of military technology, the Army has selected a certain number of active duty officers serving long time as military entrusted students every year, entrusting their education to major educational institutions. In this course, more and more students have released papers or applied for patents. Against this backdrop, we need to consider whether the Army can also obtain the right of the students’ invention since the research result of entrusted students is valuable as defense science and technology.ⅰ) The students are the public servant of the Army because they receive training expenses as well as salary from the army during a training period. ⅱ) Since the Army promotes R&D to strengthen military force, most inventions of the students belong to the scope of the Army’s business. ⅲ) The students’ duty as military officers is learning about or researching on their major. Therefore, the army as well as the educational institutions can be recognized as employers of the students. In case both parties literally share patents, some problems come up regarding making use of the patents. The best ownership condition is that the institutions have the rights and the Army has nonexclusive license. With this ownership condition, we can save a State budget and activate research activities.