철학 _ 문대통령, “50조원 규모의 특단 비상 금융 조치” | 군포철쭉축제

한편, 분할출원의 적법성973) 판단에서도 일종의 동일성 판단이 필요하지만 이 경우 965) 대법원 2004. 10. 15. 선고 2003후472 판결(“특허법 제29조 제1항의 발명의 동일성 여부의 판단은 특허청구범 위에 기재된 양 발명의 기술적 구성이 동일한가 여부에 의하여 판단하되 그 효과도 참작하여야 할 것인바, 기 술적 구성에 차이가 있더라도 그 차이가 과제 해결을 위한 구체적 수단에서 주지 관용기술의 부가, 삭제, 변 경 등으로 새로운 효과의 발생이 없는 정도의 미세한 차이에 불과하다면 양 발명은 서로 동일하다.”). 966) 윤주탁, 온주 특허법 [제29조] 신규성 (2017. 12. 20.)(“학설은 판례와 마찬가지로 발명의 동일성 판단은 실질 적 동일성의 관점에서 파악하여야 한다는 것이 다수설이나 ……”). 967) 특허청, 특허 실용신안 심사기준, 2018. 8., 3222면(“신규성의 판단은 청구항에 기재된 발명과 인용발명의 구 성을 대비하여 양자의 구성의 일치점과 차이점을 추출하여서 판단한다. 청구항에 기재된 발명과 인용발명의 구성에 차이점이 있는 경우에는 청구항에 기재된 발명은 신규성이 있는 발명이며, 차이점이 없으면 신규성이 없는 발명이다. 청구항에 기재된 발명과 인용발명이 전면적으로 일치하는 경우는 물론 실질적으로 동일한 경 우에도 신규성이 없는 발명이다.[2003후472]”). 968) 윤태식, 특허법 - 특허 소송 실무와 이론 - 제2판, 진원사(2017). 147면.; 김관식, “발명의 동일성”, 산업재산 권 제23호, 한국산업재산권법학회(2007), 290-291면. 969) 대법원 2009. 9. 24. 선고 2007후2827 판결(“구 특허법(1990. 1. 13. 법률 제42307호로 전부 개정되기 전의 것) 제11조 제1항은 동일한 발명에 대하여는 최선출원에 한하여 특허를 받을 수 있다고 규정하여 동일한 발명에 대한 중복등록을 방지하기 위하여 선원주의를 채택하고 있다. 전후로 출원된 양 발명이 동일하다고 함은 그 기술적 구성이 전면적으로 일치하는 경우는 물론 그 범위에 차이가 있을 뿐 부분적으로 일치하는 경우라도 특별한 사정이 없는 한, 양 발명은 동일하고, 비록 양 발명의 구성에 상이점이 있어도 그 기술분야에 통상의 지식을 가진 자가 보통으로 채용하는 정도의 변경에 지나지 아니하고 발명의 목적과 작용효과에 특별한 차이 를 일으키지 아니하는 경우에는 양 발명은 역시 동일한 발명이다.”). 970) 대법원 2011. 4. 28. 선고 2010후2179 판결(“확대된 선출원에 관한 구 특허법(2006. 3. 3. 법률 제7871호로 개 정되기 전의 것, 이하 같다) 제29조 제3항에서 규정하는 발명의 동일성은 발명의 진보성과는 구별되는 것으 로서 양 발명의 기술적 구성이 동일한가 여부에 의하되 발명의 효과도 참작하여 판단할 것인데, 기술적 구성 에 차이가 있더라도 그 차이가 과제해결을 위한 구체적 수단에서 주지·관용기술의 부가·삭제·변경 등에 지나 지 아니하여 새로운 효과가 발생하지 않는 정도의 미세한 차이에 불과하다면 양 발명은 서로 실질적으로 동 일하다고 할 것이나(대법원 2001. 6. 1. 선고 98후1013 판결, 대법원 2008. 3. 13. 선고 2006후1452 판결 등 참 조), 양 발명의 기술적 구성의 차이가 위와 같은 정도를 벗어난다면 설사 그 차이가 그 발명이 속하는 기술분 야에서 통상의 지식을 가진 자(이하 ‘통상의 기술자’라고 한다)가 용이하게 도출할 수 있는 범위 내라고 하더 라도 양 발명을 동일하다고 할 수 없다.”). 971) 유영선, “발명의 동일성에 대한 소고-확대된 선출원을 중심으로-”, 제170차 대법원 특별소송실무연구회 발표 자료, 2011. 2. 7., 26면. 972) 김관식, 앞의 박사학위논문, 138면(“선출원주의의 적용시와 확대된 선출원주의 적용시의 기준은 외견상 그 표현을 달리하고 있으나 우리나라와 일본의 심사실무상 선출원주의와 확대된 선출원주의 적용을 구분없이 일 괄하여 적용하여 왔다는 점과, 논리적으로도 만일 그 동일성 판단 기준을 달리 적용한다면 확대된 선출원 규 정의 도입의 가장 중요한 이유로서 일반적으로 거론되는 선원의 청구범위 확정 이전의 후원의 심사가 불가능 해질 것이라는 점 등을 종합적으로 고려하면 선출원주의와 확대된 선출원주의 적용시의 판단기준은 원칙적으 로 동일하게 적용하는 것이 바람직할 것이다.”). 973) 특허청, 특허 실용신안 심사기준, 2018. 8., 6104-6105면(“분할출원된 발명이 원출원의 명세서 또는 도면에 포 함되는지 여부는 분할출원된 발명이 원출원에 최초로 첨부된 명세서 또는 도면에 명시적으로 기재되어 있는 구성요소 부가 특허출원에 의한 영업비밀 기술탈취 방지를 위한 특허법의 공동발명 개선안 연구 374 에는 보정의 적법 여부 판단 시 활용되는 신규사항 추가 금지 기준에 유사한 기준이 적용되는 점에서974) 앞서 본 ‘실질적 동일성’보다는 엄격한 ‘동일성’ 기준이 적용된다 고 볼 수 있다.

740) 다만, 특허법원 2017허5184 판결의 경우 앞서 본 바와 같이 그 의미가 반드시 분명한 것은 아니다.

피고는 시청자 데이터 분석을 전문으로 하는 프리랜스 컨설턴트이다. 1991년 1월 19일 피고와 소외 제3자가 공동발명자의 자격으로 미국특허출원을 하였다. 피고는 2 년 후인 1993년 1월 19일 상기 미국특허출원을 근거로 우선권을 주장하면서 PCT 국 제출원을 하였다. 해당 출원발명은 “Person Meter”라는 명칭을 가지며, 방송신호를 받아서 채널 선택을 포착하는 기구에 관한 것이다. 1995년 1월 17일 위 미국특허출원 은 미국특허 제5,382,970호로 등록되었다.

나. 주관적 요건이 필수적이지 않다는 견해 발명자들 사이에 직접적 의견교환이 존재하면 그들의 공동발명자성을 인정하는 것 은 당연하다. 그러나, 직접적 의견교환이 없어도 공동발명자성을 인정할 필요가 있는 상황이 존재한다.505) 그러한 경우 상호작용(interaction)506) 또는 인지(knowledge)만으 로도 공동발명자성을 인정할 수 있을 것이다. 선행 연구원의 연구결과가 후행 연구원 의 연구와 ‘결합’되었다는(conjoined) 이유로 공동발명자성을 인정한 미국의 판례가 있는데,507) 여기서의 ‘결합’이 상호작용의 한 형태라고 생각된다. 공동발명자가 되기 위해서 두 발명자가 육체적으로 같이 연구할 필요까지는 없으며, 선행 발명자가 연구 를 한 후 그의 연구를 이어받아 다른 후행 발명자가 연구를 하는 경우도 상정할 수 있 다.508) 여러 국가가 참여하는 대형 국제연구프로젝트에서는 연구를 총괄지휘하는 센터를 두고 세계 각국의 연구원이 본인의 연구결과를 그 센터로 보고하고 후속연구의 지시 를 받게 된다. 그 체계에서 A국의 연구원과 B국의 연구원은 서로 물리적, 육체적으로 협업을 하지 않고 나아가 의사교환을 하지 않음에도 불구하고 그들의 연구결과가 모 아져서 하나의 발명을 형성할 것이라는 사실은 인지하고 있다.509) 그렇다면, 어떤 부 503) 知的財産高等裁判所 平成22. 7. 9. 平成19(ネ)第10067号 判決. 504) 知的財産高等裁判所平成20. 5. 29. 平成19(ネ)第10037号 判決. 505) Arbitron, Inc. v. Kiefl, No. 09-CV-04013, 2010 U.S. Dist. LEXIS 83597, at *16-17 (S.D.N.Y., Aug. 13, 2010) (선발명자가 발명의 앞 부분을 완성하고 그 결과를 후발명자에게 넘기고 그가 발명의 뒷 부분을 완성하 였으며, 그 두 발명자 사이에 아무런 의사교환이 없었음에도 불구하고 그 둘을 공동발명자로 인정한 사례). 506) Eric Ross Cohen, Clear As Mud: An Empirical Analysis of the Developing Law of Joint Inventorship in the Federal Circuit, 28 Berkeley Tech. L.J. 382, 390 (2013) (“The analysis for joint inventorship first requires that there must be some degree of interaction between the joint inventors and that they are working toward a common goal.”). 507) Eli Lilly, 376 F.3d at 1359 (“labor [was] conjoined with the efforts of the named inventors.”). 508) Monsanto, 269 F.Supp. at 824 (“A joint invention is the product of collaboration of the inventive endeavors of two or more persons working toward the same end and producing an invention by their aggregate efforts. . . . It is not necessary that the entire inventive concept should occur to each of the joint inventors, or that the two should physically work on the project together. One may take a step at one time, the other an approach at different times.”). 구성요소 부가 특허출원에 의한 영업비밀 기술탈취 방지를 위한 특허법의 공동발명 개선안 연구 172 분적인 또는 미완성의 연구가 모아져서 합으로서의 하나의 발명을 형성할 가능성을 ‘인지’하는 경우에는 그들 사이의 공동발명자성을 인정하여야 한다. 즉, 공동발명의 가 능성에 대한 인지(knowledge)만으로 공동발명자성을 인정할 수 있다. 현대의 여러 다 종다양한 연구형태에서 공동발명자 사이의 의사교환(communication)을 필수적으로 보는 법리는 지나치게 경직된(rigid) 법리가 된다.510) 3. 모인 후 변경된 발명에서의 공동발명자 인정 사례 연구 가. 미국의 Arbitron v. Kiefl 판결511) 1) 사건 이력 Arbitron v. Kiefl 사건은 Arbitron이 보유한 특허에 대하여 John Barrett Kiefl가 공 동발명자라고 주장하자, Arbitron이 원고로서 John Barrett Kiefl를 피고로 하여 공동 발명자 확인 소송을 제기한 사건이다. 원고는 17개 미국특허를 보유하고 있었는데, 그 특허 중 하나가 대상 276특허이었다. 대상 특허발명은 전체적으로 방송시청자 측정 장치(broadcast audience measurement device)에 관한 것이다.

예를 들어, 청구항 제1항이 A, B, C, D 및 E의 5개의 구성요소로 이루어지고 A 및 B 는 공지요소인 경우, 나머지 신규요소인 C, D 및 E의 중요도를 결정하는 것이다. 이 경우 A 및 B의 중요도는 0%이고, C, D 및 E의 중요도의 합은 100%가 되어야 한다.

발명자․공동발명자 판단 법리에 대한 연구 219 1) 원고 주장 원고는 그 당시 발명에 관여하지 않은 상사 등을 공동발명자로 기재하는 관습이 존재하였다고 주장하며, 나아가 대상 발명은 원고가 단독으로 발명한 것이거나, 적어 도 원고의 지분율이 70%라고 주장하였다.

나) 실질적 기여 기준 판례 한편, 대법원 2011. 9. 29. 선고 2009후2463 판결에서는 모인출원인지 여부를 판단 함에 있어 “기술적 사상의 창작에 실질적으로 기여하지 않은 경우에 그 특허발명은 무권리자의 특허출원에 해당하여 등록이 무효”라는 기준을 제시하였는데 판결의 구 체적 내용은 다음과 같다.

또한 사안을 보면, 정당한 권리자(甲)와 모인자(乙)가 공동개발 관계에 있었고 공동개 발 결과물(모인대상발명)을 완성하였는데 공동개발계약 종료 후 모인자(乙)가 모인대 상발명을 일부 변경하여 단독 출원한 경우라는 점이 특징이다.

대상 발명 2에 대한 피고 종업원 P6이고, 원고는 아니다.

“발명이 공동으로 이루어진 경우 공동발명자 전원이 발명자이므로 특허를 받 39) 서울고등법원 2013. 8. 22. 선고 2013나3189, 3196 판결. 40) 정차호·강이석·이문욱, “공동발명자 결정방법 및 공동발명자간 공헌도 산정방법”, 중앙법학 제9집 제3호, 2007, 676면(“④ 발명의 성립과정에서 착상의 제공자와 착상을 구체화한 자로 나누는 경우:- 공동발명자가 되기 위 해서는 단순한 아이디어나 착상의 제공에 머무르지 않고 구체적인 문제 해결수단을 제시하여야 한다; -착상을 구체화한 한 자라 할지라도 발명자로 인정되기 위해서는 그 구체화된 수단이 신규성과 진보성이 있는 것이어 야 한다.”). 공동발명자 판단 법리 및 공동발명자 간의 지분율 산정방법에 관한 우리나라, 일본, 미국, 중국 및 독일의 법리연구 55 을 수 있는 권리는 공동발명자 전원에게 있다. 따라서 이 경우 그 중의 일부 의 자만이 출원하여 특허를 받을 수는 없다. 공동발명자가 되기 위해서는 발 명이 완성되기까지의 과정 중 적어도 일부에 공동발명자 각각이 기술적인 상 호 보완을 통하여 발명의 완성에 유익한 공헌을 하여야 하며, 발명의 완성을 위하여 실질적으로 상호 협력하는 관계에 있어야 한다.” 위 설명은 공동발명자를 판단하는 과정에서 “실질적으로 상호 협력하는 관계”를 요구하는데, 쟁점은 실질적으로 상호 협력하였는지 여부를 판단하는 기준을 마련하는 것이다. 이 글은 그 기준을 제시하는 것을 목표로 한다.

복수 공동발명자의 각 기여는 정신적 공동 작업(gestage Mitarbeit)에 의거하여 기 여해야 한다. 그러나 이러한 공동 작업은 자금, 실험실, 기계기구 등을 제공하는 자는 공동발명자로 볼 수 없다.369) 따라서 “동일하게 타인의 실험 상황의 보고를 감독하는 사람, 측정치를 기록하는 자·실험 시설의 배치, 또는 시작 모델의 제작자 등도 단순히 발명자의 보조자일 뿐이고 공동발명자는 아니다.”370) 구체적으로 정신적 공동작업이란 “문제 해결(Problemlosung)에 대해 이루어져야 る者が発明を成した場合であっても適用される。 第２の重要な要素は、発明は外部から認識されなければならない、ということである。発明が発明者 の頭の中にある限り、発明は発明者のためにいかなる権利も生み出さない。発明が知られることに よってのみ、発明が具体的に、かつ、他と区別されて存在することになり、これによって発明はドイ ツ特許法によって発明者のための権利及び保護を発生させる法的効力を有することとなる。第３の重 要な要素は、発明への寄与が創造的なものであることである。」”). 367) 財団法人知的財産研究所, “国際共同研究における共同発明者・発明地の認定等に関する調査研究報告書”, 2008, 33頁(“ドイツ特許法第６条の第２文に、２人以上の者が共同して発明を成した場合は、特許を受ける権利を共有す る旨を規定している。そして、この第２文により、２人以上の者が共同発明者としてともに発明を成し得る旨が 明確になっている。ドイツ特許法第６条の第２文は、共同発明の特許を受ける権利は、すべての発明者に共有し て割り当てられると規定している。”). 368) 布井要太郎, “共同発明者の要件--東京地裁 平成16年(ワ)第一四三二一号特許譲渡代金請求事件”, 判例時報 1927号, 2006, 14-15頁. 369) 布井要太郎, “共同発明者の要件--東京地裁 平成16年(ワ)第一四三二一号特許譲渡代金請求事件”, 判例時報 1927号, 2006, 14頁(“共同発明者たるの要件を左に要約列挙すれば、次の如くである。1各共同発明者の各寄与は、 精神的共同作業（geistige Mitarbeit）による寄与でなければならない。したがって、例えば資金・実験室・器械 器具等を提供するにすぎない者は、共同発明者ではない。”). 370) 布井要太郎, “共同発明者の要件--東京地裁 平成16年(ワ)第一四三二一号特許譲渡代金請求事件”, 判例時報 1927号, 2006, 14頁(“同一様に、他人の実験状況の報告を監督する者、測定値を記録する者・実験施設の配置、ま たは、試作モデルの製作者等も、単に発明者の補助者であるにすぎず、共同発明者ではない。”). 구성요소 부가 특허출원에 의한 영업비밀 기술탈취 방지를 위한 특허법의 공동발명 개선안 연구 142 한다.” 그러나 단순히 과제가 설정될 뿐이고 문제해결 요건이 결여되어 있는 경우 과 제 설정자는 공동발명자가 아니고 적어도 기본적인 형태에서 신규 가능한 해결방법을 제공하는 자가 공동발명자가 된다고 한다.371) “문제 해결”에 대한 정신적 기여는 독자성을 갖는 기여(selbstandiger Beitrag)여야 한다. 단순히 기술수준에 관한 정보권을 제공하거나 다른 사람의 지시에 따라 정신적 작업을 하는 자는 공동발명자가 아니다. 그러나 자신의 사고를 부가하는 경우 공동발 명자가 될 수 있다. 예를 들면, 타인의 지시에 변경을 가하거나 개량을 추진하거나 또 는 새로운 해결방법을 제시하거나 또는 공지부분의 신규한 결합으로의 방향을 제시하 는 등의 경우이다.

① 대법원 2005. 2. 18. 선고 2003후2218 판결 원심은, 피고가 제일엔지니어링으로부터 원고가 작성한 위 개발자료를 넘겨받은 사실은 인정되지만, 아래에서 보는 바와 같이 이 사건 특허발명의 특허청구범위 제2 항, 제4항, 제6항, 제7항은 위 개발자료에 게재된 발명(이하 '원고의 발명'이라고 한다) 과 동일하지 아니하므로, 위 청구항들은 피고가 원고의 발명을 자신이 발명한 것으로 하여 출원한 경우에 해당하지 아니하고, 그에 따라 특허법 제133조 제1항 제2호, 제33 조 제1항 본문에 의하여 무효로 될 수 없다는 취지로 판단하였다.

이용허락 유형 표시 마크 이용허락범위 [제4유형] 제1유형+상업적 이용금지+변경금지 - 출처 표시 - 비상업적 이용만 가능 - 변형 등 2차적 저작물 작성 금지 구성요소 부가 특허출원에 의한 영업비밀 기술탈취 방지를 위한 특허법의 공동발명 개선안 연구 발 행: 특허청 발행일: 2018년 12월 편 찬: 특허청 전자부품심사팀 대전광역시 서구 청사로 189 정부대전청사 4동 구성요소 부가 특허출원에 의한 영업비밀 기술탈취 방지를 위한 특허법의 공동발명 개선안 연구 KIPO 대전광역시 서구 청사로 189 정부대전청사 4동 연구 과제명 4차 산업혁명 시대에 필요한 지식재산 분야별 전문인력 양성 방안 연구 책임자 충남대학교 사범대학 교 수 이 병 욱 연구 협력관 특허청 산업재산인력과 사무관 김 경 난 이 연구는 2018년도 특허청 위탁 연구 과제로 수행되었으며, 이 연구에서 제시한 정책 대안이나 의견 등은 특허청의 공식 의견이 아니라 연구진의 견해 임을 밝혀 둡니다. - i - 목 차 Ⅰ. 서 론 ·························································································································································1 1. 연구의 필요성 및 목적 ········································································································································1 2. 연구의 범위 및 내용 ············································································································································3 3. 연구의 방법 ····························································································································································4 Ⅱ. 4차 산업혁명 시대의 지식재산 전문인력 양성 방안 고찰 ··························································5 1. 4차 산업혁명과 미래 변화 ·······························································································································5 2. 혁신성장에서 지식재산 전문인력의 중요성 ·································································································10 3. 4차 산업혁명 시대에 요구되는 지식재산교육 패러다임 ···········································································18 Ⅲ. 4차 산업혁명 시대의 지식재산 분야별 전문인력 인재상과 필요 역량 ··································31 1. 지식재산 분야와 필요 역량 도출 ···················································································································31 2. 지식재산 분야와 필요 역량의 타당성 분석 결과 ·······················································································49 Ⅳ. 4차 산업혁명 시대의 지식재산 전문인력 양성을 위한 수요조사 ············································65 1. 지식재산 전문인력 양성을 위한 수요조사 개요 ·························································································65 2. 지식재산 전문인력 양성을 위한 수요조사 분석 결과 ···············································································69 3. 지식재산 전문인력 양성을 위한 수요조사의 시사점 ·················································································86 Ⅴ. 지식재산 전문인력의 육성체계 실태조사 ······················································································91 1. 대학(원) 지식재산교육 목표 및 교육과정 현황 ··························································································91 2. 대학(원) 지식재산교육 목표 비교 분석 ······································································································128 3. 대학(원) 지식재산교육 교육과정 비교 분석 ······························································································130 4. 지식재산 전문인력의 육성체계 실태조사의 시사점 ·················································································148 - ii - Ⅵ. 해외 지식재산 전문인력 양성 현황 분석 ····················································································151 1. 해외 지식재산 전문인력 양성 현황 분석 개요 ·························································································151 2. 해외 지식재산교육 현황 분석 및 국내 지식재산교육기관과의 비교 ···················································152 3. 싱가포르 국가 혁신주도형 경제 정책과 지식재산 인력양성의 사례 ···················································168 4. 해외 지식재산 전문인력 양성 현황 분석의 시사점 ·················································································175 Ⅶ. 4차 산업혁명 시대에 필요한 지식재산 전문인력 양성 방안 ·················································178 1. 타 전공 분야와의 공유형 IP 인재 양성 방안 ···························································································179 2. 혁신성장 주도형(일자리 창출형) IP 인재 양성 방안 ···············································································184 3. 수요자 공감 위주의 IP 인재 양성 생태계 구축과 제도 개선 방안 ·····················································187 참고문헌 ·····················································································································································193 [부록 1] 지식재산서비스산업 특수분류 분류체계 ············································································195 [부록 2] 델파이 1차 조사지 ·················································································································198 [부록 3] 델파이 2차 조사지 ·················································································································204 [부록 4] 수요조사 설문지 A형: 대학(원)용 ·······················································································216 [부록 5] 수요조사 설문지 B형: 기업용 ······························································································223 [부록 6] 전문가 초청 1차 간담회 원고 ·····························································································231 [부록 7] 전문가 초청 2차 간담회 원고 ·····························································································285 - iii - 표 목차 <표 Ⅱ-1> 제 4차 산업혁명의 변화 동인 ··································································································································7 <표 Ⅱ-2> 미래 사회의 변화 동인과 변화 예측 ······················································································································8 <표 Ⅱ-3> 4차 산업혁명에 대비한 5대 요소별 국가 순위 ···································································································9 <표 Ⅱ-4> 솔로우 모형(Solow Growth Model) 또는 외생적 경제성장 모형 ····························································11 <표 Ⅱ-5> 한국의 경제성장 요인 ··············································································································································12 <표 Ⅱ-6> 최근 2년간 2건 이상의 산업재산권 출원 및 5년간 1건 이상 등록한 기관 ··············································15 <표 Ⅱ-7> 미래 변화에 따른 4가지 측면의 평가 요소 추출 ·····························································································19 <표 Ⅱ-8> 미래 변화를 대비하기 위한 대학 교육과정 평가틀 구안 ················································································20 <표 Ⅱ-9> 대학 교육과정 평가틀에 따른 올린공과대학교 분석 결과 ··············································································21 <표 Ⅱ-10> 국내 지식재산 관련 대학교육과정 (정성적)분석 결과 ··················································································24 <표 Ⅲ-1> 제3차 지식재산 인력양성 종합계획(2018~2022) 주요 키워드 정리 ·························································31 <표 Ⅲ-2> 지식재산 창출/활용/보호 인력의 주요 업무 ·······································································································34 <표 Ⅲ-3> 지식재산 창출/활용/보호 인력의 본래 역할과 지원서비스 수행 업무 ·························································34 <표 Ⅲ-4> 지식재산 분야 및 업무의 특징 ······························································································································35 <표 Ⅲ-5> 지식재산 전문인력의 업무 분류 ····························································································································36 <표 Ⅲ-6> 지식재산 전문가 수행작업표(입직 직무) ·············································································································36 <표 Ⅲ-7> 지식재산능력시험 직무분석 결과 ··························································································································38 <표 Ⅲ-8> NCS 지식재산관리 분야의 주요 업무 ··················································································································40 <표 Ⅲ-9> 4차 산업혁명 시대에 필요한 지식재산 분야 초안 도출 ·················································································44 <표 Ⅲ-10> 4차 산업혁명 시대에 필요한 지식재산 분야 수정안 도출 ···········································································46 <표 Ⅲ-11> 4차 산업혁명 시대에 필요한 지식재산 분야 필요 역량 도출 ·····································································47 <표 Ⅲ-12> 델파이 조사 개요 ···················································································································································49 <표 Ⅲ-13> AHP 기법 이원비교 척도 ·····································································································································50 <표 Ⅲ-14> 4차 산업혁명 시대에 필요한 지식재산 분야(안) 1차 중요도 ·····································································51 <표 Ⅲ-15> 4차 산업혁명 시대에 필요한 지식재산 분야별 전문인력의 필요 역량(안) 1차 타당도 ·······················53 <표 Ⅲ-16> 4차 산업혁명 시대에 필요한 지식재산 분야 수정안 ·····················································································57 - iv - <표 Ⅲ-17> 4차 산업혁명 시대에 필요한 지식재산 분야별 필요 역량(핵심 역량) 수정안 ········································58 <표 Ⅲ-18> 4차 산업혁명 시대에 필요한 지식재산 분야(안) 2차 중요도 ·····································································60 <표 Ⅲ-19> 4차 산업혁명 시대에 필요한 지식재산 분야별 전문인력의 필요 역량(안) 2차 타당도 ·······················61 <표 Ⅲ-20> 4차 산업혁명 시대에 필요한 지식재산 분야의 상대적 중요도(AHP) 분석 결과 ····································64 <표 Ⅳ-1> 설문조사 도구 및 대상 ············································································································································65 <표 Ⅳ-2> 설문조사 기간 및 대상 ··········································································································································67 <표 Ⅳ-3> 설문조사 응답자 일반적 특성 (대학(원)용) ········································································································67 <표 Ⅳ-4> 설문조사 응답자 일반적 특성 (기업용) ···············································································································68 <표 Ⅳ-5> 지식재산 전문인력 양성 방안의 교육 정책 및 제도 인식 정도 ····································································69 <표 Ⅳ-6> 지식재산 전문인력 양성 방안의 산업 및 인력 양성 기여 정도 ····································································70 <표 Ⅳ-7> 지식재산 전문인력 양성 방안의 정책 방향 ········································································································70 <표 Ⅳ-8> 정부 및 공공기관의 지식재산 전문인력 양성 정책에 대한 문제점 ······························································71 <표 Ⅳ-9> 정부 및 공공기관의 지식재산 전문인력 양성 정책에 대한 개선방안 ··························································72 <표 Ⅳ-10> 기업별 지식재산 업무 담당 인력 확보 정도 ···································································································73 <표 Ⅳ-11> 기업 당 평균 지식재산 고용인력 현황과 부족 여부 ·····················································································73 <표 Ⅳ-12> 지식재산 인력 확보 방법 ·····································································································································74 <표 Ⅳ-13> 신입사원의 업무 적응력 수준 ·····························································································································74 <표 Ⅳ-14> 지식재산 분야 최근 채용 인력과 향후 채용 인력 ·························································································75 <표 Ⅳ-15> 지난 2년간 채용한 평균 인력 ·····························································································································75 <표 Ⅳ-16> 지식재산 인력을 채용하지 않았거나 채용 계획이 없는 이유 ·····································································76 <표 Ⅳ-17> 지식재산 분야별 전문인력 수급 정도 (5년 이내) 및 향후 인력 수요 (5년 이후) ································78 <표 Ⅳ-18> 지식재산 분야별 전문인력 필요 역량의 중요도 및 현재 수행 능력 ·························································79 <표 Ⅳ-19> 지식재산 분야별 전문인력 필요 역량의 교육요구도 ·····················································································82 <표 Ⅳ-20> 지식재산 분야별 전문인력 필요 역량의 교육우선도 ·····················································································84 <표 Ⅳ-21> 지식재산 분야별 전문인력 양성 방안 ···············································································································85 <표 Ⅳ-22> 4차 산업혁명 시대에 필요한 지식재산 분야별 전문인력 양성 방안 ·························································89 <표 Ⅴ-1> 지식재산교육 선도대학 운영지원 사업 현황 ······································································································92 <표 Ⅴ-2> A대학교 교육과정 ·····················································································································································93 <표 Ⅴ-3> B대학교 교육과정 ·····················································································································································94 - v - <표 Ⅴ-4> C대학교 교육과정 ·····················································································································································95 <표 Ⅴ-5> D대학교 교육과정 ·····················································································································································96 <표 Ⅴ-6> E대학교 교육과정 ······················································································································································97 <표 Ⅴ-7> F대학교 교육과정 ······················································································································································98 <표 Ⅴ-8> G대학교 교육과정 ····················································································································································99 <표 Ⅴ-9> H대학교 교육과정 ·····················································································································································99 <표 Ⅴ-10> I대학교 교육과정 ··················································································································································101 <표 Ⅴ-11> J대학교 교육과정 ·················································································································································102 <표 Ⅴ-12> K대학교 교육과정 ················································································································································103 <표 Ⅴ-13> L대학교 교육과정 ·················································································································································104 <표 Ⅴ-14> M대학교 교육과정 ···············································································································································105 <표 Ⅴ-15> N대학교 교육과정 ················································································································································110 <표 Ⅴ-16> O대학교 교육과정 ···············································································································································111 <표 Ⅴ-17> P대학교 교육과정 ················································································································································113 <표 Ⅴ-18> Q대학교 창업지식재산학과 교육과정 ·············································································································115 <표 Ⅴ-19> R대학교 지식재산학과 교육과정 ······················································································································116 <표 Ⅴ-20> S대학교 지식재산학과 교육과정 ·······················································································································117 <표 Ⅴ-21> T대학교 지적재산권학과 교육과정 ···················································································································118 <표 Ⅴ-22> 지식재산 전문대학원 현황 ·································································································································120 <표 Ⅴ-23> U대학교 지식재산 전문대학원 교육과정 ········································································································120 <표 Ⅴ-24> V대학교 지식재산 전문대학원 교육과정 ········································································································122 <표 Ⅴ-25> W대학교 지식재산 전문대학원 교육과정 ·······································································································124 <표 Ⅴ-26> X대학교 지식재산 전문대학원 교육과정 ········································································································126 <표 Ⅴ-27> 지식재산 관련 학과 목표 및 인재상 분석 ·····································································································128 <표 Ⅴ-28> 지식재산 전문대학원 목표 및 인재상 분석 ···································································································129 <표 Ⅴ-29> 지식재산교육 선도대학의 교육과정 편성 비율(1) ·······················································································130 <표 Ⅴ-30> 지식재산교육 선도대학의 교육과정 편성 비율(2) ·······················································································131 <표 Ⅴ-31> 지식재산교육 선도대학의 교육과정 편성 비율(3) ·······················································································132 <표 Ⅴ-32> 지식재산교육 선도대학의 교육과정 편성 비율(4) ·······················································································132 <표 Ⅴ-33> 지식재산교육 선도대학 대학원의 교육과정 편성 비율(1) ·········································································133 <표 Ⅴ-34> 지식재산교육 선도대학 대학원의 교육과정 편성 비율(2) ·········································································134 - vi - <표 Ⅴ-35> 지식재산교육 선도대학 대학원의 교육과정 편성 비율(3) ·········································································135 <표 Ⅴ-36> 지식재산교육 선도대학 대학원의 교육과정 편성 비율(4) ·········································································135 <표 Ⅴ-37> 지식재산교육 선도대학(원)의 학부 및 대학원 편성 현황 ··········································································136 <표 Ⅴ-38> 지식재산교육 선도대학(원)의 지식재산 분야 필요 역량 관련 과목과 기타 과목 편성 현황 ············138 <표 Ⅴ-39> 지식재산교육 선도대학(원)의 지식재산 분야 필요 역량 관련 과목 편성 현황 ····································140 <표 Ⅴ-40> 지식재산 관련 학과의 지식재산 분야별 교육과정 분석 ·············································································142 <표 Ⅴ-41> 지식재산 관련 학과 교육과정과 지식재산 분야 비교 분석 ·······································································144 <표 Ⅴ-42> 지식재산 전문대학원의 지식재산 분야별 교육과정 분석 ···········································································145 <표 Ⅴ-43> 지식재산 전문대학원 교육과정과 지식재산 분야의 비교 분석 ·································································147 <표 Ⅴ-44> 매치업(Match業) 프로그램 특징 ·····················································································································150 <표 Ⅵ-1> 해외 지식재산교육기관의 분류 ···························································································································152 <표 Ⅵ-2> 일본 오사카공업대학 지식재산전문직대학원의 입학금 및 수업료 ·····························································155 <표 Ⅵ-3> 일본 오사카공업대학 지식재산전문직대학원의 주요 교과목 ·······································································156 <표 Ⅵ-4> 중국 지난대학 지식재산 프로그램 ·····················································································································159 <표 Ⅵ-5> 미국 지식재산교육 관련 로스쿨 현황 ···············································································································160 <표 Ⅵ-6> SkillsFuture Study Awards 지원 내역 ············································································································161 <표 Ⅵ-7> 일본 오사카공업대학 지식재산학부 Three Courses(３コース制) 프로그램 ···········································162 <표 Ⅵ-8> 일본 오사카공업대학 지식재산학부 주요 교과목 ···························································································163 <표 Ⅵ-9> 지식재산 관련 자격제도와 지식재산교육의 연계 ···························································································166 <표 Ⅵ-10> 시기별 싱가포르의 경제 성장 전략 및 주요 산업 ·······················································································169 <표 Ⅵ-11> 싱가포르의 SkillsFuture 주요 내용 ·················································································································172 <표 Ⅶ-1> 나노디그리 참고자료 ·············································································································································181 <표 Ⅶ-2> 한국디자인진흥원 디자인융합전문대학원 사업 개요 ·····················································································185 <표 Ⅶ-3> 지식재산교육 선도대학 사업의 확장후의 인력 양성 사업 체계 ·································································186 <표 Ⅶ-4> 연구개발서비스업 개요 ·········································································································································188 <표 Ⅶ-5> Three-Three IP 인재 양성 방안에 따른 결과물, 추진 시기 및 주체(지원) 기관 ·······························191 - vii - 그림 목차 [그림 Ⅰ-1] 연구 방법 ······································································································································································4 [그림 Ⅱ-1] 기술혁명과 사회 경제 진화의 패러다임 ··············································································································5 [그림 Ⅱ-2] 특허와 혁신의 관계에 대한 논쟁 ······················································································································14 [그림 Ⅱ-3] 한국의 산업재산권 출원 추이 ······························································································································15 [그림 Ⅱ-4] 한국의 공공부문 특허 및 기술이전 수익의 변화 ······························································································16 [그림 Ⅱ-5] Industry 4.0 관련 기술의 전세계 특허등록 건수(2010-2015) ·································································26 [그림 Ⅱ-6] 4차 산업혁명 시대를 대비하는 지식재산 대학 교육과정 사례 ·····································································28 [그림 Ⅱ-7] 4차 산업혁명 시대의 지식재산교육 패러다임(가칭 지식재산교육 4.0) ····················································30 [그림 Ⅲ-1] 4차 산업혁명 시대의 국제경쟁력 확보를 위한 IP인재 양성 방안 ·······································?