Technology Transfer Procedure and Information
기술이전 업무프로세스 - 단계,수행방법
|Discover companies in need of such technology and areas for technology application
- Depends on the network of the person in charge of technology transfer, technology transaction mediation company, chief researcher, and etc.
- Prior consultation regarding execution of technology is carried out via e-mail or online (PPMS)
Company needing such technology, the chief researcher(inventor), and department in charge of technology implementation contract(technology transfer agent or person in charge) work together to negotiate technology transfer conditions and important contract details.
|Request to Conclude Technology Implementation Contract
The chief researcher(inventor) must prepare the “Request to Conclude Technology Implementation Contract” and submit it to the department in charge of concluding technology implementation contracts.
|Determine if Considered Core Domestic Technology and Strategic Technology
According to the 19th Amendment of the Foreign Trade Act and laws related to leakage prevention of industrial technology, verification of whether or not the technology is a national core technology or strategic technology must be made.
|Research Project Characteristic Evaluation
- Evaluation regarding the relationship among the business, institution specific enterprise, and if the technology is exclusive to the research lab must be made.
- The relation must be evaluated between the inherent institutional business, if the technology is exclusive to the research lab and government funded project, then the technology fee will be calculated and the technology fee and conditions and implementation measures will be coordinated.
|Review Contract Conditions/Modify and Prepare Contract
The contract will be drawn up after the core contract conditions have been reviewed and adjusted. (If needed, an external technology value evaluation may be requested to an institution specializing in such area.
The propriety calculations underlying the transfer of rights or transfer will be evaluated
(Upon passing the Technology Commercialization Committee Evaluation, (the decision of whether or not the rights should be transferred is made.)
The department in charge of the technology implementation contract must receive internal approval before concluding the contract.
(Register Copy of Contract(Scan File) on PPMS, and link with Patent DB)
|Collect technology fee
Collect technology fee from user according to Technology Implementation (Transfer) Contract.
(Scan and register receipt of technology fee on PPMS)
Allocate deposited amount from the user to the inventor (or participating researchers) and pay them in accordance to the allocation standards.
|Report Collected technology fee, Usage Results, and Payment Results
Report Technology Implementation(Transfer) Contract results, collect technology fee, usage results, and payment results to the chief of the specialized organization.
Manage termination of contract, uncollected payments (outstanding balance), running royalty, and etc.
(Request that the user makes it possible to verify information a month prior)
[Stage 1] Request Technology Implementation Contract
- After mutual discussion regarding important details of the technology transfer, the research lab must turn in the “Technology Implementation Contract Request” to the affiliated department head or department head of the affiliated department of the chief researcher (director of the research center, project director, or etc.) for their approval before submitting it to the department in charge of technology implementation contracts.
- The ‘Technology Implementation Contract Request“ must include the name of the research project and technology produced.
- According to Article 4 of the “Technology Implementation Contract and Use Regulations“ if KAIST is the sole or joint owner of the technology and requests to use or apply such technology, then the chief researcher of the corresponding technology must discuss the following in depth with the user and department in charge of technology implementation to determine a resonable technology fee and enforcement period: Level of Technology, Stage of Technological Development, Commercialization and Economic Feasibility of the Product, Relative Difficulty of Application, Technology Use and Transfer, Training Time, and etc.)
- If the person in charge of technology transfer finds a possible user, the “Technology Implementation Contract Request” need not be drafted.
[Stage 2] Contract Examination and Concluding of Contract
- Once preliminary negotiations are complete, the first draft of the contract must be made based on the terms of agreement.
- The user and department in charge of technology implementation contracts must examine the contract conditions and make modifications, and if necessary, they must request the help of a professional technology value evaluation company and all costs arising will be shared by both parties.
- Must have an understanding of the technological content that is subject to the contract, the present conditions of the business and field must be understood, the role and relationship between both parties must be understood, and the person in charge of technology transfer that has drafted and reviewed the contract must participate in negotiations.
- In order to draft the contract and analyze controversial legal issues that may arise, the user and the department in charge of technology implementation must have an understanding of the business strategy and intellectual property rights strategy they seek.
- When drafting the contract the conditions that must be fulfilled must be understood and the scope of influence when certain conditions are not fulfilled and when the contract is breached must be considered
- Considerations on how to deal with situations in which core terms are not fulfilled must be made.
- To prevent similar content from being dispersed and mentioned without consistency and to prevent the ommission of important content, a table of contents for the contract must be made and the contents must be arranged accordingly. Additionally, a checklist of the general content to be included in the technology implementation contract must be made, to check if such content has been included in the contract.
[Stage 3] Collection of Technology Fee
- The technology fee must be paid in cash according to the Technology Implementation Contract.
- The technology fee may be paid through fixed technology fee payments and/or advanced payments, and for a certain period of time the running royalty or minimum technology fee is to be collected in case of fluctuation in technology fees.
- If the technology fee is paid using fixed payments, the payment may be made in lump-sum or if a there is a justifiable cause the payment made be paid in installments (maximum of 3 installments) within a certain period of time.
- If the running royalty method is chosen to pay the technology fee, the rule is that the product of the stipulated technology fee percentage(%) and the total sales of all products (all assets with value including products) that utilize the technology will equal the technology fee. However, if the contracting party stipulates that the product of the net sales and fixed technology fee percentage(%) will equal the running royalty, then the items excluded from the total net sales must be clearly stipulated before concluding the contract.
- If the running royalty method is chosen as the method of payment for the technology fee, the basic retainer fee may be paid at a fixed rate from the prepayment of the technology fee.
- The method of determining the minimum technology fee is through fixed payments within a fixed limit or if the assumed minimum sales amount does not reach the set minimum, the concerned sales amount is considered to have been achieved then the amount is determined. Furthermore, if the minimum technology fee generally permits sole license rights, exclusive license rights, and other rights the school will request such from the user.
- After the technology fee has been collected the technology fee deposit receipt must be scanned and registered through PPMS.
[Stage 4] Technology Fee Allocation
- From the collected technology fee paid, the fixed rate(50%) is considered to be the standard amount for incentive allocation from the user.
- The incentive is deposited to each inventor according to the “Technology Incentive Payment Request Form”
- The chief research or inventor must receive the “Technology Fee Incentive Request Form” from the department in charge of technology implementation contracts and submit the original copy to the department within 15 day after having each inventor fill out and sign the form.
- Upon registration of the “Technology Fee Incentive Deposit Request Form,” the department in charge of technology implementation contracts must make deposits to each inventor within 30 days.
[Stage 5] Post Management
- The person in charge of technology transfer must frequently check to see if the technology transfer/implementation fee (technology retainer fee, advanced payment of the technology fee, fixed technology fee, minimum technology fee, running royalty) has been deposited as stipulated in the contract.
- Upon implementation of the technology, the person in charge must frequently check to see if the patent maintenance fee is being deposited by the user throughout the implementation period. If there is a default in payment a press for payment and warning of possible termination of the contract, in accordance to the contract, must be transmitted via e-mail. If the user still does not make proper payment within 30 days of the notification, a written notice of the termination of contract (including evidence) shall be transmitted to the user.
- If the fixed technology fee is paid in installments the user must submit the “Fulfillment Guarantee Insurance Policy” by the stipulated date and the user is allowed up to 3 default payments. If this is breached a 30 day grace period is given, and if the payment is still in default an e-mail must be sent warning the user of the contract termination, then a written notice of the termination of contract (including evidence) will be sent.
- The user is requested to notify the termination of contract 30 days before the termination date for prior verification.
- According to the full faith and credit clause on the contract, the user is requested to report the generation of sales for verification and a written request with the date production began, date of occurrence of sales, the year profits were generated is to be requested. If such is not fulfilled, the profit generated by the user will be retroactively bundled and redemption will be arranged. Furthermore, if the user’s sales needs to be verified, an on-site investigation will be carried out.
- An external professional institution or expert will also participate in the on-site investigation to verify sales.
- The calculation and confirmation of running royalty technology fee’s will abide by the following standards.
- The user must submit an implementation report including actual payment and basis of calculation with documentary evidence with the audit report issued by an accounting firm. Furthermore, if necessary, accounting and tax documents necessary for verification and verification documents from the CPA must be requested from the user.
- The annual running royalty will be determined following discussions after the conclusion of 1 fiscal year depending on the amount of sales indicated on the profit and loss statement drafted in accordance with recognized impartial business accounting standards and standard financial statement drafting methods (if the sales amount cannot be determined by the profit and loss statement in accordance to the contract, the sales statement will be used as the standard). The appointed date of payment of the yearly running royalty shall be within 30 days the running royalty payment date has been finalized.
- Relevant accounting documents for the verification of basis of the running royalty technology fee calculation, an examination may be conducted in person or by a representative, and in this case if there is a difference in amount due to accounting errors by the user, the difference in amount is to be collected immediately. Furthermore, if the difference in the actual payment and the amount due is over 5% due to errors, all investigation expenses must be beared by the user.
- If the sales amount cannot be determined, it will be decided in accordance to a fair and legitimate investigation.
- If the implementation contract for exclusive rights is concluded, the school will provide the user with requested and necessary documents for the registration for establishment of rights, but the user must pay for all expenses that arise from the registration process.