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| TITLE | Supreme Court Decision 2012Do6676 Decided November 15, 2012 [Employee's Breach of Trust.Violation of the Unfair Competition Prevention and Trade Secret Protection Act.Employee's Embezzlement] [full Text] |
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| Summary | |
| [1] Validity of employment contract or rules providing for the transfer of the invention including employee invention or granting an exclusive license to employer, and whether an employee has a right to fair compensation with regards to employee invention where the above contract or rules do not have an explicit compensation clause(affirmative) [2] Whether employers can acquire employees' share in the right without the third party joint owner's consent only if they succeed to employees' rights, where employee invention is made jointly with the third party(affirmative) [3] If employees subject to employment contract or rules providing for employer's succession to employee invention cause the invention contents disclosed by not notifying its completion to employers and letting the third party register a patent right through the transfer of a patentable right to invention to the third party in a double transaction, whether it constitutes a crime of breach of trust(affirmative) [4] Where employee is subject to employment contract or rules providing for the transfer of employee invention to employer, whether employee's act leading to disclosure of its contents, which neglects duty of secret maintenance and transfer procedure cooperation, directly constitutes a trade secret disclosure under Article 18(2) of the Unfair Competition Prevention and Trade Secret Protection Act(negative in principle) | |
