Date of
Judgment:
October 17, 2006
Issuing
Authority: Supreme Court
Level of
the Issuing Authority: Final Instance
Type of
Procedure: Judicial(Civin( �b>
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.