인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
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지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
This article tried to capture the specific characteristics of trade secret having recently emerging importance, which were easily overlooked when prior researchers stick only to trade secret itself, by the comparative analysis with patent and other intellectual property protection, etc. Before that, the requirement of independent economic value plus utility seems meaningless repetition in the definition of trade secrets and it is inappropriate for Korean statute to nominate How To Sell as one of only two examples for trade secrets.
At first when doing comparative analysis, it is essential to understand that finding an equilibrium between the two protection system, trade secret as technology information and patent is always needed because those are closely related. Then, every issue including novelty and doctrine of equivalents which could arguably be common points should be carefully compared while legislative, executive, and judicial branch shall figure out what will be the problem in which trade secret and patent are related inextricably to each other, as illustrated in this article. The technology information among trade secrets obtained at office will revert to the employee under the Invention Promotion Act though the other part among trade secrets (management information) will probably be taken out by the employer.
Finally, it seems premature to establish so-called the Trade Secret Act separated from the current Unfair Competition Prevention Act and the analysis through comparison even with copyrights shed a light on a way to go for an appropriate trade secret protection system in Korea.
#영업비밀
#발명진흥법
#부정경쟁방지법
#직무발명 원칙
#경영정보
#기술정보
#trade secrets
#comparison with patent
#shop rights doctrine
#with the job the invention
#The Invention Promotion Act
#The Unfair Competition Prevention Act
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