JaeHoon Lee
Assistant Professor, School of Law, SungShin Women’s University, Attorney at Lawyer, Republic of Korea
Correspondence to JaeHoon Lee, E-mail: jaehoonlee@sungshin.ac.kr
Volume 19, Number 2, Pages 97-116, June 2024.
Journal of Intellectual Property 2024;19(2):97-116. https://doi.org/10.34122/jip.2024.19.2.5
Received on April 15, 2024, Revised on May 7, 2024, Accepted on May 29, 2024, Published on June 30, 2024.
Copyright © 2024 Korea Institute of Intellectual Property.
This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives (https://creativecommons.org/licenses/by-nc-nd/4.0/) which permits use, distribution and reproduction in any medium, provided that the article is properly cited, the use is non-commercial and no modifications or adaptations are made.
Prior to the enactment of the National Research And Development Innovation Act, there were no definitions of key terms related to national R&D, which made it difficult for the public, including researchers, to clearly understand national R&D. With its enactment, however, unified definitions of national R&D projects, R&D tasks, and R&D institutions have been established, paving the way for fundamental improvements in the government’s R&D system.
One of the definitions in the National R&D Innovation Act is that of “technology fees”, which are the amounts paid by a licensee to an R&D organization in exchange for the right to implement R&D results. However, if a for-profit corporation collects this fee from a licensee, it must pay a portion of the fee to the government. In addition, there is a so-called “self-implemented technology fee” system under which the government collects a portion of the profits when a for-profit corporation generates profits through the commercialization of the product of a government R&D project.
This study analyzes the concepts of three types of technology fees, namely general technology fees, so-called “government-paid technology fees”, and “self-implemented technology fees”, along with their regulatory history. It also notes that the regulations of each ministry or local government do not properly reflect the three types of technology fees, shows that these bodies continue to enforce under incorrect regulations, and emphasizes the need for improvement.
National R&D Innovation Act, National R&D projects, R&D projects, Technology fees, Government-paid technology fees, Self-implemented technology fee, Royalty
No potential conflict of interest relevant to this article was reported.
The author received manuscript fees for this article from Korea Institute of Intellectual Property.