Date of
Judgment: 2006.10.17
Issuing
Authority: Supreme Court
Level of
the Issuing Authority: Final Instance
Type of
Procedure: Judicial (Civil)
Subject
Matter: Patent
(Inventions)
Summary of the judgment (decision):
1.
The governing law for issues concerning the value for the assignment of the right
to obtain a patent in a foreign country should be determined, first of all, by
the intention of the parties pursuant to Article 7, para.1 of the Act on
Application of Laws in General.
2.
Where the Employee, etc. has assigned to the Employer, etc. the right to obtain
a patent in a foreign country for the employee's invention as set forth in
Article 35 of the Patent Act (prior to the revision by Act No. 79 of 2004), the
provisions of para.3 and para.4 of the same Article shall apply analogically to
the claim for a value for the assignment of the right to obtain a patent in a foreign
country.
(This
translation is provisional and subject to revision.)