「知財管理」誌
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| 掲載巻(発行年) / 号 / 頁 | 4巻(2004年) / 2号 / 13頁 |
| 論文区分 | 論説 |
| 論文名 | What the Employee Invention System of Japan Should Be |
| 著者 | 澤井 敬史 |
| 抄録 | The Patent Law is categorized as an industrial law, and the purpose is “to contribute to the development of industry” as set forth in Article 1 of the Patent Law. Within the Patent Law, there is a special provision setting forth the employer-employee relationship from the legal perspective： Arti-cle 35 of the Patent Law concerning the employee invention, which is necessarily encountered by any person having been engaged in the patent administration within an enterprise. For these few years, this provision has attracted great concern of people. Especially due to the court decisions given this year one after another ordering huge amount of remuneration for inventions, this issue has given rise to great controversy in society. Actually, however, the essence or the fundamental of the issue of employee invention has not been argued so far. Even in the discussions made by the Patent System Subcommittee of the Intel-lectual Property Policy Committee in the Industrial Structure Committee, in the phase discussing the direction of the amendment of Article 35 of the Patent Law, it can hardly be said that thorough discus-sions over what the employee inventions system should be were made because, in my opinion, those discussions were made before such court decisions ordering huge amount of remuneration, fortunately or unfortunately. This article discusses from what viewpoint we should consider the employee invention system, based upon the original purpose of the development of industry and further upon the mechanism and actual situation of the economic activities of enterprises, and further argues the direction of the man-agement of employee inventions within enterprises. |
