NDA, MTA and Overseas Technology Transfer
Concerning the Conclusion of the NDA (Non-Disclosure Agreement)
- An understanding of the technology possessed by the school, industrial field, present condition of business, and the role and current state of affairs between the school and scheduled user is required.
- If the user requests the right to use or commercialize technology in which the school has sole ownership or joint ownership with another institution, the department in charge of technology implementation contracts or technology transfer agent must investigate and review the possibility of commercialization with the chief researcher and user.
- If necessary, the non-disclosure agreement must be submitted via fax or e-mail before proceeding. However if the school needs to send material or ideas that need to be kept secret, a non-disclosure agreement must be made with the scheduled user.
- If negotiations regarding the vitalization of technology implementation take place, the following provisions must be confirmed in order to prevent damage from technology leakage in advance and in preparation of technology leakage.
- The intent of technology implementation shall be investigated before concluding the contract and the scheduled user’s ability to perform tasks, credibility and performance, current status of activity, and etc. shall be determined.
- Prior to technology implementation negotiations if the confidentiality obligation regarding details of the negotiation is broken due to prior negotiations, the restitution of materials and prohibition of use shall be used as collateral to prevent information leakage in advance and a non-disclosure agreement shall be made for expost facto responsibilities. Additionally, if a non-disclosure agreement was made with the business, institution, or group, a non-disclosure agreement shall be concluded among all individuals participating in negotiations, to keep all personnel reliable in case a technology transfer participant individually leaks information.
- Confidentiality must be kept for a certain period of time after the termination of the contract. Accordingly, when negotiating technology transaction, if vital information recognized by the business is leaked, relational responsibility shall be verified and negotiations regarding confidentiality obligations after the termination of the contract must be requested.
- In the case of technical cooperation or joint research, ownership issues regarding the profits stemming from the output shall be clearly determined, to cope with any problems that may arise the future.
- In case of conflicting opinions and/or disputes that may arise while working, the solution procedure for such conflicts must be clearly determined.
About Concluding the MTA (Material Transfer Agreement)
KAIST Policy Regarding the Material Transfer Agreement
Due to active research exchange between KAIST and other institutions, internal and external Material Transfer Agreements are increasing. Accordingly, for non-commercial research purpose MTA’s, the number of unnecessary administrative duties is being decreased.
Duty Processing Procedure
Are divided by type of MTA
- Requests sent to KAIST vs Requests sent by KAIST
- KAIST and Non-Profit Institution vs KAIST and Profit Institution
Divided into 4 types and are handled as follows:
업무처리절차 4가지유형 - profit, non-profit(addgene포함)
||Non-Profit (Addgene Included)
||Utilize form transmitted by the relevant institution
||Utilize the relevant institutions provided form, or use a Simple Letter Agreement, Addgene Form, or etc.
||Utilize the Standard KAIST MTA Contract
||May utilize a Simple Letter Agreement
Classification dependant on if MTA is For Profit or Non-Profit
- For-Profit MTA : With the approval of the Office of University-Industry Cooperation, IP Ownership and restriction conditions through material research shall be reviewed.
- Non-Profit MTA : Autonomous handling by the department is recommended. Utilize the Simple Letter Agreement and stored information regarding target material and target institution
Prior Decision and Approval for Overseas Technology Transfer of Strategic Technology/National Core Technology
Prior Approval of Strategic Technology
- For national security purposes, the technology transfer and importing and exporting of strategic material/technology is subject to restriction according to the “Foreign Trade Act” and “Strategic Material Import and Export Notification” and includes conventional weapons and/or weapons of mass destruction and materials, software, and technology that make the production, development, use, storage, and etc. of missiles, which are delivery systems of such weapons, possible.
- Prior approval of whether or not the technology is considered strategic technology must be obtained for overseas technology transfer because in certain cases the relevant technology may be considered dual-use technology even if the technology doesn't directly concern the production and etc. of weapons.
Prior Approval Procedure of Strategic Technology
- An application including the name of the technology and technological details shall be submitted to the Technology Commercialization Center. The application will then be sent and registered to the Korea Strategic Trade Institute for prior approval by the person in charge.
- The Korea Strategic Trade Institute shall handle the application for prior approval within 15 days of the registration date, and the decision for prior approval is valid for 2 years starting from the date the decision was made.
- If the technology is deemed to be strategic technology, an export license must be obtained separately to make overseas technology transfer possible.
Prior Approval of National Core Technology
- According to the “Prevention of Leakage and Security of Industrial Technology Legislation,” national core technology is technology that has high technological and economic value in domestic and international markets or has great potential for growth in related industries; and therefore, may have a critical and negative impact on national security and national economy if leaked overseas.
- Refer to the table for the list of national core technologies
National Core Technology Prior Approval Procedure
- If prior approval is desired after referring to the list of national core technologies, attach the name and technological details of the relevant technology and request prior approval from the Technology Commercialization Center.
- The Technology Commercialization Center will request consideration for prior approval to the Korea Association of Industrial Technology Security (KAITS), an affiliate of the Ministry of Trade, Industry and Energy. Following the request for review, an expert committee of the relevant field will be hosted by KAITS for approval consideration.
- If the technology is deemed to be national core technology, an export license must be obtained separately to make overseas technology transfer possible.