중국 “직무발명”의 재판 실무 및 시사

The service invention system plays an increasingly important role in protecting the interests of both service inventors and enterprises and inspiring the technological innovation. Unlike South Korea’s Invention Revitalization Act, in which the compensationstandards and procedures for service inventions are stipulated systematically, China’s service invention system related provisions are scattered in several laws. Moreover, in China, the number of patent applications of service inventions has increased rapidly, and disputes and lawsuits related to the ownership and reward of service inventions have also increased. For Korean enterprisesthat want to invest in China or have established companies in China, Chinese laws and policies, intellectual property management and business strategies, the business areas where enterprises are located and the developing status of the areas, employee management patterns and other factors should be considered by enterprises when formulating internal rules and regulations related to service inventions for the purpose of motivating employees to improve innovation, protecting the intellectual property rights of enterprises, and increasing the interests of enterprises. This paper sorts outthe litigation cases related to service inventions in China in recent years, summarizes the dispute points in these litigation cases, and proposes suggestions on how to avoid similar disputes in the hope that it will provide intellectual property management staffs of enterprises with References for formulating of regulations of the service inventions.