미국 계약법적 측면에서 본 공동연구개발과 공동연구개발계약 - 지적재산권 등 대기업과 중소기업간의 공동연구개발 성과물의 귀속을 중심으로 -

Recently, with the globalization of the marketplace and the rapid growth of the Information and Communication Technologies, Collaborative R&D projects draw a lot of attention. The reasons are manifold. In part, it is because Collaborative R&D may increase productivity, allocate risk, and save time and money for technology innovation in the area of the targeted technology intended by two or more parties. Generally, two parties involved in Collaborative R&D may expect to have equal status and take an equal share from the results of Collaborative R&D including intellectual property rights. In fact, however, it is not easy for two parties, especially between large-sized company and small-sized company to share equally the results, due in part to the use of superior bargaining power of a large-sized company. In dealing with the problems arising in Collaborative R&D, it is necessary for the parties to make a contract or an agreement written by them with a legal counsel to make clear their views on the potential issues related to the Collaborative R&D. In this Article, focused on ownership of the results including intellectual property right of Collaborative R&D between large-sized company and small-sized company, we explore how to create a legally binding Collaborative R&D agreements in view of American contract law, and propose legal attention is more necessary.