Unlike countries such as the United States which allow employment agreements that automatically transfer the IP rights of employee-created inventions to the employer, South Korea does not allow for such provisions. The amended Invention Promotion Act, which came into effect on January 31, clarifies the procedural requirements employers must follow to take ownership or to get a non-exclusive licence of their employees’ inventions
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The model covers court-guided settlements, submissions-led determination of infringement and validity issues, and provides leeway for the court to determine a FRAND rate during negotiations