국방 지식재산권 정책에 관한 소고 - 방위력개선사업을 중심으로 -

The government acquires weapon systems to provide defense services. The government procures weapon systems through defense force improvement projects that research and develop, or purchase weapon systems with government contracts. The government has minimized legal disputes by directly owning IP rights applied to weapons systems in order to promote defense force improvement projects. Meanwhile, if the government acquires the ownership of the IP from the defense company, a lack of incentives could negatively affect national security in the long run by lowering the overall technology level of defense companies. “Act On The Agency For Defense Development” and “Defense Science And Technology Innovation Promotion Act” provide the fundamentals of the current defense IP policy, the ownership policy in which IP arising from defense force improvement projects are solely owned by the government or jointly owned by the government and the R&D company. However, the government's purpose of acquiring IP is to procure and operate weapons systems, not to commercialize. It is sufficient to achieve the government's purpose by acquiring only a license rather than ownership. Therefore, the ownership policy has the problem of acquiring excessive IP rights, and it is necessary to change the paradigm of the defense IP policy to the license policy also adopted by the United States, the United Kingdom, and France.