산업보안 ADR 제도 개선방안 연구- 산업보안 관련 법률 및 주요국등의 사례를 중심으로 -

SMEs have difficulty in responding to technical disputes due to lengthylitigation procedures and costs. In this regard, it is more effective to settledisputes through “ADR” rather than court action. Korea has an ADR system in the Industrial Technology ProtectionAct(ITPA), SMEs Technology Protection Act(STPA), and the InventionPromotion Act(IPA). However, there are problems of underutilization ofADR, effectiveness, and administration of the institutional system. To increase the utilization of the ADR system, It should expand thesubject of dispute. Besides, the introduction of the ODR should be reviewed. Above all, it is essential to raise awareness through PR to SMEs. Toincrease the effectiveness of ADR, the following improvements are needed. ITPA and STPA should amended investigation can be conducted toconfirm the facts of the dispute. In the case of ITPA and IPA, a reviewof the introduction of the “arbitration system” is required. The U.S. providesfor arbitration in the Patent Act, and Japan established JIPAC and IACT. In addition to the administrative ADR, a review of the court-annexedADR system is also needed to expand the options for various disputeresolution as U.S. court-annexed ADR system, EU, China, and Japan.