의료 - 방탄소년단(BTS) 소속사 빅히트, 지난해 매출 5879억원 | 군포철쭉축제

- 61 - 나.IP품질 IP품질은 IP스톡의 질적인 측면을 평가하는 지표로 특허의 질적평가 등급,상표권 갱신 등록율을 활용하여 측정하였다.

나.질적성과 세부지표 산출 방법 1 출원특허 대비 PCT출원 수 - 진단년도 PCT출원 수 /출원특허 수 2 출원 특허의 질적 수준 - 진단년도 출원특허의 청구항 수 합 /출원특허 수 표 29. 질적성과의 세부지표 및 산출방법 그림 32. 주요 지역별 결과(질적성과) 특허출원 수 대비 해외특허 출원 수와 평균 청구항 수도 서울지역에서 높은 것으로 나타났다.

2014년 10월 29일 ○ 주관연구기관명 :한국지식재산연구원 ○ 연 구 기 간 :2014년 4월 30일~2014년 10월 29일 ○ 주관연구책임자 :강 경 남 부연구위원 ○ 참여연구원 ․연 구 원 :임소진(부연구위원) ․연 구 원 :김국환(전 문 위 원) ․연구보조원 :김규환(위촉연구원) ․보 조 원 :한선아(주 임) - iii - 목 차 제1장 서론 ········································································································································ 1 제2장 선행연구 ································································································································ 2 제1절 국가 및 지역 경쟁력에 관한 연구 ·················································································· 2 1. Porter의 다이아몬드 모델 ······································································································ 2 2. 일반화된 더블 다이아몬드 모델 ··························································································· 4 3. 9-팩터 모델 ······························································································································· 4 4. IPS 도시경쟁력 평가모델 ········································································································ 5 5. 이중 더블 다이아몬드 모델 ··································································································· 6 제2절 혁신역량에 관한 연구 ········································································································ 8 1. 국가적 차원 ······························································································································· 8 2. 지역적 차원 ····························································································································· 11 3. 지식재산에 관한 선행연구 ··································································································· 19 제3장 지역 IP역량 진단지표의 구성 ·························································································22 제1절 지표의 구성 ························································································································ 22 1. 지표의 개요 ····························································································································· 22 2. 세부지표별 지역역량과의 관계 ··························································································· 25 가. 투입 ····································································································································· 25 (1) 지식재산규모와 품질 ········································································································52 (2) 민간 및 공공의 R&D투자 ·······························································································52 나. 인프라 ································································································································· 26 (1) 지자체와 지원기관의 역량과 활동 ················································································62 (2) 산업구조와 IP전문서비스 인력 ······················································································62 다. 활동 ····································································································································· 27 - iv - (1) IP수행조직 ··························································································································72 (2) IP연구인력 ··························································································································72 (3) IP경영 ··································································································································82 라. 성과 ····································································································································· 28 (1) 지식재산 창출성과 ············································································································82 (2) 경제적 성과 ························································································································92 제2절 지표별 가중치 설정 ·········································································································· 31 1. AHP(Analytic Hierarchy Process) ·····················································································1··· 3 가. 개요 ····································································································································· 31 (1) AHP의 장단점 ····················································································································13 2. 다기준분석 방법론 선정 ······································································································· 31 가. 다기준분석 방법론 개요 ································································································· 31 (1) 평점모형(Scoring Method) ·····························································································2·· 3 (2) 다속성효용함수법(Multi-Attribute Utility Theory) ················································2······ 3 3. AHP의 선정 이유 ··················································································································· 3 4. AHP를 통한 지표별 가중치 결과 ······················································································· 34 제3절 개별지표의 의미 및 산출방법 ························································································ 35 1. 투입 ··········································································································································· 35 가. IP스톡 ·································································································································· 35 (1) IP규모 ··································································································································53 (2) IP품질 ··································································································································73 나. 재정투자 ····························································································································· 38 (1) IP투자 ··································································································································83 (2) R&D투자 ·····························································································································93 2. 인프라 ······································································································································· 40 가. 지자체 ································································································································· 40 (1) IP조직 ··································································································································04 (2) 조례제정 ······························································································································14 - v - 나. 지역지식재산센터 ············································································································· 42 (1) 역량 ······································································································································24 (2) 활동 ······································································································································ 4 다. 인력 ····································································································································· 46 (1) IP전문인력 ··························································································································64 (2) 교육 ······································································································································74 3. 활동 ··········································································································································· 48 가. 공공 ····································································································································· 48 (1) R&D 수행조직 ···················································································································84 (2) IP경영 및 산학협력 ··········································································································94 나. 민간 ····································································································································· 50 (1) R&D 수행조직 ···················································································································05 (2) IP경영 ··································································································································15 4. 성과 ··········································································································································· 53 가. IP창출성과 ·························································································································· 53 (1) 양적 성과 ····························································································································35 (2) 질적 성과 ····························································································································45 (3) 기업활동 성과 ···················································································································· 5 나. 경제적 성과 ······················································································································· 56 (1) IP이전성과 ··························································································································65 (2) IP사업화 성과 ····················································································································75 (3) 산업생산성 ··························································································································85 제4장 샘플분석 ······························································································································ 59 제1절 투입 ······································································································································ 59 1. IP스톡 ········································································································································ 59 가. IP규모 ·································································································································· 59 나. IP품질 ·································································································································· 61 - vi - 2. 재정투자 ··································································································································· 62 가. IP투자 ·································································································································· 62 나. R&D투자 ····························································································································· 63 제2절 인프라 ·································································································································· 65 1. 지자체 ······································································································································· 65 가. IP조직 ·································································································································· 65 나. 조례제정 ····························································································································· 66 2. 지역지식재산센터(RIPC) ········································································································76 가. 역량 ····································································································································· 68 나. 활동 ····································································································································· 69 3. 인력 ··········································································································································· 70 가. IP전문인력 ·························································································································· 70 나. 교육 ····································································································································· 71 제3절 활동 ······································································································································ 73 1. 공공 ··········································································································································· 73 가. R&D수행조직 ····················································································································· 73 나. IP경영 및 산학협력 ·········································································································· 74 2. 민간 ··········································································································································· 75 가. R&D수행조직 ····················································································································· 76 나. IP경영 ·································································································································· 76 제4절 성과 ······································································································································ 78 1. IP창출성과 ································································································································ 78 가. 양적성과 ····························································································································· 78 나. 질적성과 ····························································································································· 79 다. 기업활동성과 ····················································································································· 80 2. 경제적성과 ······························································································································· 80 가. IP이전성과 ·························································································································· 81 - vii - 나. IP사업화 성과 ···················································································································· 82 다. 산업생산성 ························································································································· 83 제5장 시사점 및 제언 ··················································································································48 [붙임] AHP 분석을 위한 설문지 ································································································58 참고문헌 ········································································································································ 100 - viii - <표 차례> 표 1. 국가혁신역량측정의 세부지표 ························································································· 10 표 2. 지역혁신역량진단의 세부지표 ························································································· 17 표 3. 지역지식재산역량(특허)진단의 지표분류 ·····································································02 표 4. 혁신역량지표 ····················································································································· 21 표 5. 세부지표별 지역역량과의 관계 ······················································································· 29 표 6. IP스톡 분류 ·························································································································· 59 표 7. IP규모 세부지표 및 산출방법 ·························································································· 60 표 8. IP품질 세부지표 및 산출방법 ·························································································· 61 표 9. 재정투자 분류 ····················································································································· 62 표 10. IP투자 세부지표 및 산출방법 ························································································ 62 표 11. R&D투자 세부지표 및 산출방법 ················································································· 63 표 12. 지자체의 분류 ··················································································································· 65 표 13. IP조직 세부지표 및 산출방법 ························································································ 65 표 14. 조례제정 세부지표 및 산출방법 ··················································································· 66 표 15. 지역지식재산센터 분류 ··································································································· 67 표 16. 역량 세부지표 및 산출방법 ··························································································· 68 표 17. 활동의 세부지표 및 산정방법 ······················································································· 69 표 18. 인력 분류 ························································································································· 70 표 19. IP전문인력 세부지표 및 산출방법 ················································································ 70 표 20. 교육의 세부지표 및 산출방법 ······················································································· 71 표 21. 공공 분류 ························································································································· 73 표 22. R&D수행조직 세부지표 및 산출방법 ··········································································· 73 표 23. IP경영 및 산학협력 세부지표 및 산출방법 ································································ 74 표 24. 민간 분류 ··························································································································· 75 표 25. R&D수행조직의 세부지표 및 산출방법 ······································································· 76 표 26. IP경영의 세부지표 및 산출방법 ···················································································· 7 표 27. IP창출성과 분류 ················································································································ 78 - ix - 표 28. 양적성과 세부지표 및 산출방법 ················································································· 78 표 29. 질적성과의 세부지표 및 산출방법 ············································································· 79 표 30. 기업활동성과 세부지표 및 산출방법 ········································································· 80 표 31. 경제적성과의 분류 ··········································································································· 80 표 32. IP이전성과 세부지표 및 산출방법 ·············································································· 81 표 33. IP사업화 성과 세부지표 및 산출방법 ········································································ 82 표 34. 산업생산성 세부지표 및 산출방법 ············································································· 83 - x - <그림 차례> 그림 1. 국가 우위의 결정요소 ····································································································· 2 그림 2. 전체 시스템 ······················································································································· 3 그림 3. 일반화된 더블 다이아몬드 모델 ··················································································· 4 그림 4. 9팩터 모델 ························································································································· 5 그림 5. IPS 도시경쟁력 평가 체계 ······························································································ 6 그림 6. 이중 더블 다이아몬드 모델의 구조 ············································································· 7 그림 7. 국가혁신역량 측정 ··········································································································· 8 그림 8. 국가산업클러스터 혁신방향 ··························································································· 9 그림 9. 지역 경쟁력의 두 가지 가상 모델 ············································································· 11 그림 10. 4가지 요인 ····················································································································· 1 그림 11. 혁신환경개발 모델 ······································································································· 12 그림 12. 과학기술혁신역량평가 모형의 기본 틀 ··································································· 13 그림 13. 지역 과학기술혁신역량평가 지표의 기본 틀 ························································· 14 그림 14. 지표의 개요 ················································································································· 22 그림 15. 지표의 모식도 ··············································································································· 24 그림 16. 지표별 가중치(AHP분석 결과) ·················································································43 그림 17. 주요 지역별 결과(지재권 규모) ·················································································06 그림 18. 주요 지역별 결과(지재권 품질) ·················································································16 그림 19. 주요 지역별 결과(IP투자) ···························································································36 그림 20. 주요 지역별 결과(R&D 투자) ····················································································46 그림 21. 주요 지역별 결과(IP조직) ···························································································66 그림 22. 주요 지역별 결과(조례제정) ·······················································································76 그림 23. 주요 지역별 결과(RIPC 역량) ····················································································86 그림 24 주요 지역별 결과(RIPC 활동) ·····················································································96 그림 25. 주요 지역별 결과(IP전문인력) ···················································································17 그림 26. 주요 지역별 결과(교육) ·······························································································27 그림 27. 주요 지역별 결과(R&D수행조직) ··············································································47 - xi - 그림 28. 주요 지역별 결과(IP경영 및 산학협력) ···································································57 그림 29. 주요 지역별 결과(R&D수행조직) ··············································································67 그림 30. 주요 지역별 결과(IP경영) ···························································································77 그림 31. 주요 지역별 결과(양적성과) ·······················································································97 그림 32. 주요 지역별 결과(질적성과) ·······················································································97 그림 33. 주요 지역별 결과(기업활동 성과) ···········································································08 그림 34. 주요 지역별 결과(IP이전성과) ···················································································18 그림 35 주요 지역별 결과(IP사업화 성과) ··············································································28 그림 36. 주요 지역별 결과(산업생산성) ···················································································38 - xii - 요 약 문 지식재산의 중요성이 부각되면서 지식재산의 창출,활용이 이루어지고 있는 공간적 단위로서의 지역의 중요성 또한 더욱 강조되고 있다.지역 경쟁력에 대한 그동안의 논의는 클러스터 등 산업분야별 지역에 대한 고찰 위주로 진행되어 왔으며,지역의 균형 발전에 대한 인식이 강화되면서 지자체의 역량강화에 대한 요구와 함께 이를 진단할 수 있는 모델들에 대한 연구가 본격화되었다.지식재산과 관련하여서도,지방 정부는 5년마다 중앙 정부에 기본계획을 수립하여 제출하도록 되어있으나,아직까 지 지자체에 지식재산 역량 강화를 위해 어떤 노력이 필요한지 적절한 시사점을 제공할 수 있는 지표는 부재한 상황이다.이에 본 연구에서는 지역의 지식재산 역량을 객관적으로 진단하고,그 결과를 통해 어떤 부분이 강조되어야 하는지에 대한 정책적 제언을 제공할 수 있는 진단모델을 개발하고자 하였다.

(박찬희) 토론 수업은 사전 준비가 많이 필요한 것인데, 시범 운영 결과 만족도도 높은 것으로 나타남. 2018년 심판관 과정에서 토론 수업을 시도해 보았음 Q7. 귀하가 국제지식재산연수원 공무원 과정에 개설하기를 희망하는 교육내용(직무 중심)은 무엇 입니까? 구체적인 교육내용과 필요한 이유는 무엇입니까? (참여자1) 개론과 심층을 나눠 2단계 단위별 접근 필요 일단 수강시 심층 – 개론에 대해 구분을 모르겠음 이슈별 과정을 분류하여 하면 좋을 듯 (5일 과정 등, 특허법 우선권 등 하나만 한다던지 구별하여 수강) - 변리사 인원 감소하는데 변화에 따라 변경되어야 함 (참여자2) TRIZ의 일반에 의해 요구가 다양하면 세분화해야 함 일반적인 개론은 특허청 공무원 수준이라면 자습을 해도 된다. 글로벌 인재들인데, 이론 적이고 개념적인 강의는 사이버 아카데미를 통해 하고, 집체교육은 공무원이 접하기 어려 운 교육(지식재산소송 사례 및 대응방안-국제분쟁, ADR 등/ 실제 현장에서 일어나는 소 송사례 및 대응방안의 실무 소개-UYBER 이론?)에 대해 기획/실시되는 것을 추천 연수원이 하지 말아야 할 교육이 있는데, 일부 심사국이 개설 요청을 해서 연수원이 강의 하는 경우가 있는데 이건 자원 낭비다. 이런 것이 쌓이면 연수원 이미지가 낮아지고 퀄리 티가 낮아진다. 연수원 브랜드 가치 제고를 위해서는 이런 부분의 시정이 필요 예를 들어, 새로운 법 개정을 했다면 이걸 홍보하려고 강의하는 경우가 있다. 조직 전체 로 보면 자원 낭비, 연수원 브랜드 훼손을 야기함 실무적으로 어려울 수 있겠지만, 내부 원칙/기준을 만들어 두면, 실무담당자가 관리 가능 할 수 있을 것으로 예상 비전문가와 특허청 공무원 과정이 차별화가 필요. 공무원/전문가 대상으로는 실무과정, 수험과정 중심으로 교육과정이 편제될 필요가 있다.

∙가법형 효용함수 :           ∙승법형 효용함수 :                다속성효용함수법은 앞서 설명된 평점모형 및 AHP와 유사하게 효용함수를 통하여 정량적/정성적 기준을 고려할 수 있고,특히,효용함수를 통해 의사결정자의 특성 및 위험에 대처 가능한 유형을 제시해준다는 장점이 있다.반면,효용함수 선정에 있어 의사결정자의 주관이 지나치게 반영될 우려가 있고,효용함수 자체가 복잡하다보니,효용함수를 구하는데 노력과 시간이 지나치게 소용될 가능성이 크다는 단점이 있다.

신규성과 관련하여, 식물신품종보호법상의 품종보호출원이 이루어지고 공개공보가 먼저 발행된 경우 신규성 상실로 특허가 거절된 사례가 있다.52) 하지만, 품종보호출원서의 기 재내용으로 당업자 수준에서 해당 발명을 재현할 수 있는 경우가 아니라면 거절결정의 비교대상발명으로 삼지 않아야 한다.53) 아울러, 야외에서 육종된 경우 내재된 생태적 특 성이나 유전자 구조를 외부에서 쉽게 파악할 수 없으므로, 단지 야외에서 육종된 사실만 49) 대법원 2004. 10. 28. 선고 2002후2488. 50) 대법원 1997.7.25. 선고 96후2531. 특허법원 또한 “이 사건 출원발명의 변종식물은 위와 같은 교배를 통하여 얻어 진 '황색 플로리분다 장미 식물 No. 966'의 재배과정에서 변이가 일어난 것을 우연히 발견하여 고정한 변종식물인바, 통상 자연에서 발생하는 이러한 변이는 돌연변이에 의한 것으로 그 발현 가능성이 확률적으로 말할 수 없을 정도로 희박하므로, 이 사건 출원발명은 어느 모로 보나 반복재현성이 인정되지 않는다”고 판단하였다. 특허법원 2002.10.10. 선고 2001허4722 51) 서영철, “신규 식물발명에 관한 보호법규(상)”, 법조 617호, 2008. 2., 436면. 52) 특허출원 2000-54639호 「식물 신품종 쌈추 및 그 육종방법」은 특허출원보다 국립종자관리소의 품종등록출원을 먼저 하였고, 공개공보의 발행으로 인해 특허법 제29조 제1항의 제2호의 신규성 상실로 거절결정되었다. 박재현, 27 면. 아울러, 품종보호출원도 균일성 요건이 구비되지 않았다는 이유로 거절사정되었다. 서영철, 앞의 논문(上), 425면 각주 9) 참조. 53) 박재현, 앞의 보고서, 27면. - 20 - 으로는 신규성이 부정된다고 보기는 어렵다.54) 또한, 특허법 제32조는 “공공의 질서 또는 선량한 풍속을 문란하게 하거나 공중의 위생 을 해할 염려가 있는 발명”은 특허를 받을 수 없는 것으로 규정하고 있는데, 특허청은 심 사기준을 통해 식물에 관련된 발명이 생태계를 파괴할 우려가 있거나, 환경오염을 초래할 우려가 있는 발명, 인간에게 위해를 끼칠 우려가 있거나 인간의 존업성을 손상시키는 결 과를 초래할 수 있는 발명, 인간을 배제하지 않은 형질전환체에 관한 발명, 「생명윤리및 안전에관한법률」에 의해 금지되는 행위 또는 연구 성과물에 관한 발명에 대해서는 등록 을 거절하고 있다.55) 특허권이 발생하면 특허권자는 업으로서 그 특허발명을 실시할 권리를 독점한다.56) 다 만, i) 연구 또는 시험을 하기 위한 특허발명의 실시, ii) 국내를 통과하는데 불과한 선 박․항공기․차량 또는 이에 사용되는 기계․기구․장치 기타의 물건, iii) 특허출원시부 터 국내에 있는 물건에 대해서는 특허권의 효력이 미치지 않으며, iv) 2이상의 의약을 혼 합함으로써 제조되는 의약의 발명 또는 2이상의 의약을 혼합하여 의약을 제조하는 방법 의 발명에 관한 특허권의 효력은 「약사법」에 의한 조제행위와 그 조제에 의한 의약에 는 미치지 않는다.57) 한편, 식물에 관한 특허의 효력과 관련해서 몇 가지 쟁점들이 있다. 예를 들어, 물건발 명의 실시란 "그 물건을 생산·사용·양도·대여 또는 수입하거나 그 물건의 양도 또는 대여 의 청약을 하는 행위"를 말하는데,58) 여기서 '생산'의 개념이 식물자체 발명에 적용하기에 는 그 의미가 포괄적이고 추상적인 면이 있다.59) 식물은 자체적으로 분화 및 증식능력이 있으므로, ‘생산’이 육종, 증식, 분화, 채종, 재배 등의 여러 행위 중 구체적으로 어느 것 을 포함하는지가 명확하지 않다.60) 이와 관련하여 식물신품종보호법은 실시의 개념에 ‘증 식’을 명확히 포함시키고 있다.61) 54) 서영철, 앞의 논문(上), 440-441면. 55) 특허청, 산업부문별 심사기준: 생명공학분야 (2010) 1.2 불특허사유에 해당하는 발명. 56) 특허법 제94조. 57) 특허법 제96조. 58) 특허법 제2조 3호. 59) 박재현, 앞의 보고서, 132면. 60) 서영철, 앞의 논문(上), 451면. 61) 식물신품종보호법 제2조. 7. "실시"란 보호품종의 종자를 증식·생산·조제·양도·대여·수출 또는 수입하거나 양도 또는 대여의 청약(양도 또는 대여 를 위한 전시를 포함한다. 이하 같다)을 하는 행위를 말한다.

3) 실천과제 제4차 산업혁명시대의 도래에 따른 지식재산 교육의 중요성 증대, 지식재 산 교육기관 증대에 따라 국제지식재산연수원이 가져가야할 아이덴티티를 확보하기 위하여 명칭변경을 충분히 고려해 볼 시기라고 생각된다.