The Journal of Intellectual Property (J Intellect Property; JIP)

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pISSN 1975-5945
eISSN 2733-8487

Comparative study of three types of technology fee system for R&D performance under government R&D projects

CONTENTS

Research article

Citation: Lee JH. 2024. Comparative study of three types of technology fee system for R&D performance under government R&D projects. The Journal of Intellectual Property 19(2), 97-116.

DOI: https://doi.org/10.34122/jip.2024.19.2.5

The Journal of Intellectual Property, 2024 June, 19(2): 97-116. 

Received on 15 April 2024, Revised on 7 May 2024, Accepted on 29 May 2024, Published on 30 June 2024.

Comparative study of three types of technology fee system for R&D performance under government R&D projects

JaeHoon Lee

Assistant Professor, School of Law, SungShin Women’s University, Attorney at Lawyer, Republic of Korea

*Corresponding Author: JaeHoon Lee (jaehoonlee@sungshin.ac.kr)

Abstract

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.

Keywords

National R&D Innovation Act, National R&D projects, R&D projects, Technology fees, Government-paid technology fees, Self-implemented technology fee, Royalty

Funding

The author received manuscript fees for this article from Korea Institute of Intellectual Property.

Conflicts of interest

No potential conflict of interest relevant to this article was reported.