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Tech Transfer For Industry

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Policy

Policy

Execution of Technique

  • The execution of technology will be enacted by either an ordinary license or exclusive license. Transferring of the right should be proceeded under KAIST Rules and Regulations Article 6 of the Contracting Execution of Technique and Technology Fee.
  • The execution  of technology and the transferring of the right shall be enacted at a cost in principle. However, if necessary, the Technology Commercialization Committee (hereinafter ' 'committee') will determine the free execution after conducting a review session.
  • In the event of a technology of joint ownership, stakeholders should make a written agreement first. But it will be excluded when the joint holders already made a separate contract or an agreement on the execution of technology.
  • The distribution  of technology fees payable to the inventor shall be complied with the KAIST Rules and Regulations(in korean) on Contracting of Technology Execution and Technology Fee. Cases not specified in the KAIST rules and regulations(in korean) shall be complied with ‘Guidelines on the Management of Government R&D Projects’.(in korean)
  • The technology  in the process of patent filing shall be eligible for the signing of the contract of technology execution. However, KAIST is not responsible for refunding the technology fees KAIST already received from the licensee.
  • When the licensee terminates the contract before the technology is being transferred, KAIST is not responsible for refunding the technology fees KAIST already received from the licensee.
  • The licensee is responsible for all expenses required  for registering the exclusive license to the Korean Intellectual Property Office Ministry of Patents. The licensing shall be registered after KAIST receives the technology fees, including the initial payment from the licensee.
  • The contracted  technology will be transferred once KAIST receives the technology fees, including the initial payment, marketable securities, and documents equivalent.
  • When KAIST signs a contract of exclusive license or transfer rights with a third party, KAIST shall give the primary negotiating right to the licensee.
  • In the event KAIST sells the technology contracted for exclusive license to a foreign corporation with  the agreement of  the transferee, KAIST shall pay back the technology fees received plus interest to the transferee.
  • If necessary, KAIST shall be guaranteed a grant back from the licensee for free or at a cost.
  • When a technology marketing company (hereinafter 'marketing company') makes  a contract between KAIST and the licensee, KAIST shall pay the brokerage fee to the marketing company, which was taken from the technology fee received from the transferee.
  • In the event that the contract is terminated before the technology is  transferred, KAIST shall not pay back the technology fees to the licensee, and can select a third party instead.

Technology Transferring Method

  • In the transferring of technology, there are non-exclusive licenses, exclusive licenses, patent releases, and transfer of know-how. KAIST encourages to contract with non-exclusive licenses.
  • A non-exclusive license refers to  KAIST allowing for the  nonexclusive technology execution to multiple licensees if necessary.
  • In the case of an exclusive license, the licensee can utilize the contracted technology exclusively, but KAIST’s institutional R&D purposes should be guaranteed.
  • The transferring  of patent rights is deemed to sell  the title of the technology transferred according to the Patent Law. Therefore, it is necessary  to abide by KAIST Rules and Regulations of the Contracting Execution of Technique and Technology Fee.(in korean)
  • It is possible for anyone who wants the know-how a lab has acquired to receive this through transfer. The researcher in charge at the lab shall complete the transfer according to the ‘technology transfer plan’ by the due date.

Non-exclusive license

  • KAIST may allow the transferring of the  non-exclusive license to others based on  the pertinent patent rights.
  • KAIST has the right to execute the patented invention in accordance with the Patent Law and act of establishment.
  • Non-exclusive license is not transferable without agreement from KAIST. But general succession such as inheritance will be excluded from this rule.
  • In the case of co-ownership of the patent right, each owner shall neither transfer nor establish the right of pledge without agreement from the other co-owner.
  • Each co-owner of a patent right should execute the patented invention without seeking  agreement from a co-owner that is  not specified.

Exclusive License

  • KAIST may establish the exclusive license of the patented right toward others.
  • Those who establish the exclusive license have the  right to execute the patented invention. But, in the event KAIST executes the patented invention directly, KAIST has the right of non-exclusive license, and the research purpose to use the invention shall be guaranteed under any circumstance.
  • The exclusive license is not transferable without agreement from KAIST. But this exclusivity  does not include  the case of general succession and inheritance and the transferring of the projects licensed.
  • The exclusive licensee shall neither establish the right of pledge without agreement from KAIST nor allow the exclusive licensing rights. 
  • In the case of co-ownership of the patent right, each owner shall neither transfer the right nor establish the right of pledge without agreement from the other co-owner.
  • In the case of co-ownership of the patent right, each owner shall not execute the patented invention without agreement from the co-owner otherwise not specified.
  • In the case of co-ownership of the patent right, each owner shall establish neither an exclusive license nor a non-exclusive license without agreement from the co-owner.

 Sub-Licensing

  • Non-exclusive licensee may use the pertinent technology during licensing period, but shall not sub-license to a third party.
  • KAIST shall neither execute the technology nor allow the execution right of technology to a third party during the licensing period without agreement from the exclusive licensee.

Marketing Delegation

  • In order to maximize the revenue of technology fee, KAIST may contract a technology marketing company (hereinafter 'marketing company') when transferring the patent rights and/or execution rights to domestic and foreign licensees.
  • Once the contract is signed with the marketing company, KAIST will pay the brokerage fee to the company. However, all expenses related to marketing activities will not be paid in advance.

Domestic Marketing

  • Domestic marketing primarily targets small and medium sized companies' technology transfer.
  • Companies that participate in the government sponsored projects will also be subjected to contract with marketing companies.
  • We place  priority on domestic marketing than foreign marketing, but this is subject to change depending on the expected revenue of the technology fee.

Foreign Marketing

  • If there will be no marketing demand for domestic companies, then foreign marketing will take place.

Methods of Technology Execution (Transfer) Contract

Method of Contract Technology Fee Type
Contract for
Technology Execution
Contract of Exclusive Licensing

Non-Exclusive
License

Initial payment

Running royalty

Minimum payment

Maximum royalty
Exclusive
License
Initial payment
Running royalty
Minimum payment
Maximum royalty
Contract of
Exclusive Licensing

Initial payment
Running royalty
Minimum payment
Maximum royalty
Contract for Patent Right Transfer Contract of Partial Equity Transfer

Fixed royalty
Running royalty
Contract of all Equity Transfer

Fixed royalty
Running royalty
Contract for
Technology Transfer

Contract of Know-How Transfer

Non-Exclusive Initial payment
Running royalty
Minimum payment
Maximum royalty
Exclusive Initial payment
Running royalty
Minimum payment
Maximum royalty
Contract of Package Transfer
(Know-How Transfer
+ Execution Right)
Non-Exclusive Initial payment
Running royalty
Minimum payment
Maximum royalty
Exclusive Initial payment
Running royalty
Minimum payment
Maximum royalty

※ Running royalty will be calculated by applying per unit royalty and percentage royalty.
- (Per Unit Royalty) : Amount per number of sales volume of the contracted products or the weight
- (Percentage Royalty) : Percentage of net sales after the contracted product is taxed.
(However, the sales discount, sales returns, and allowance  of business accounting standards will be excluded.)

담당자 : 최고관리자 수정일 : 2015년 01월20일 조회수 : 300