ENFORCEMENT DECREE OF THE TECHNOLOGY TRANSFER AND COMMERCIALIZATION PROMOTION ACT
Wholly Amended by Presidential Decree No. 20137, jun. 29, 2007
Amended by Presidential Decree No. 20678, Feb. 29, 2008
Presidential Decree No. 21010, Sep. 18, 2008
Presidential Decree No. 21461, Apr. 30, 2009
Presidential Decree No. 21692, Aug. 18, 2009
Presidential Decree No. 21761, Oct. 1, 2009
Presidential Decree No. 21835, Nov. 20, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22344, Aug. 17, 2010
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23644, Feb. 29, 2012
Presidential Decree No. 23704, Apr. 5, 2012
Presidential Decree No. 24442, Mar. 23, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25393, jun. 25, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 28187, Jul. 17, 2017
Presidential Decree No. 29677, Apr. 2, 2019
Presidential Decree No. 30012, Jul. 30, 2019
| Article 2 (Definition of Technology) |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 3 (Public Research Institutes) |
“Any other legal entity or organization specified by Presidential Decree” referred to in subparagraph 6 (e) of Article 2 of the Act means any of the following corporations or organizations conducting research and development projects in the fields of industry and technology: | 1. | Any corporation or organization that receives contributions or subsidies for at least 50 percent of the annual expenditure for its research and development projects from the State, local governments, or public corporations or quasi-governmental institutions referred to in Article 5 of the Act on the Management of Public Institutions (hereinafter referred to as the "State, etc."); |
| 2. | Any corporation or organization that receives investments or contributions from the State, etc. for at least 50 percent of its capital or property. |
[This Article Wholly Amended by Aug. 17, 2010]
| Article 4 (Central Administrative Agencies) |
“Other agencies specified by Presidential Decree” referred to in subparagraph 7 of Article 2 of the Act means the Ministry of Culture, Sports and Tourism; the Ministry of Agriculture, Food and Rural Affairs; the Ministry of Health and Welfare; the Ministry of Environment; the Ministry of Land, Infrastructure and Transport; the Ministry of Oceans and Fisheries; the Ministry of SMEs and Startups; the Financial Services Commission; the Ministry of Food and Drug Safety; the Defense Acquisition Program Administration; the Rural Development Administration; the Korean Intellectual Property Office; and the Korea Meteorological Administration. <Amended on Mar. 23, 2013; Jul. 17, 2017; Jul. 30, 2019> [This Article Wholly Amended on Aug. 17, 2010]
| Article 4-2 (Technology Trust Management Business) |
The “management specified by Presidential Decree, such as the settlement or transfer of technology, etc., the collection and distribution of royalties, further development of technology, and technology and asset-backed securitization” in subparagraph 8 of Article 2 of the Act means any of the following: | 1. | Business affairs related to paying patent fees, registration fees, etc. prescribed in the Patent Act, the Utility Model Act, the Design Protection Act and other related Acts for rights concerning technology and its use (hereinafter referred to as “technology, etc.”); |
| 2. | Duties related to protecting and managing technology, etc.; |
| 3. | Business affairs related to settling or transferring technology, etc.; |
| 4. | Business affairs related to collecting and distributing profits, such as royalties, according to settlement or transfer of technology, etc.; |
| 5. | Duties related to commercializing technology, etc.; |
| 6. | Business affairs related to modifying, improving or otherwise further developing technology, and patent application and management thereafter; |
| 7. | Business affairs related to technology and asset-backed securitization. |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 5 (Submission, etc. of Plans for Facilitating Technology Transfer and Commercialization and Performance Reports) |
| (1) | In accordance with Article 5 (2) and the latter part of paragraph (4) of the same Article of the Act, the head of each relevant central administrative agency shall notify the Minister of Trade, Industry and Energy of an annual promotion plan and a medium-term promotion plan for technology transfer and commercialization regarding research and development projects conducted by the relevant agency (hereinafter referred to as “technology transfer and commercialization”) by no later than October 31 of the year immediately preceding the year in which the relevant plan is initiated. <Amended on Mar. 23, 2013> |
| (2) | Where necessary for formulating a plan for facilitating technology transfer and commercialization prescribed in Article 5 (1) of the Act, the Minister of Trade, Industry and Energy may request the submission of related materials, opinions, etc. from the heads of the relevant administrative agencies. <Amended on Mar. 23, 2013> |
| (3) | The head of each relevant central administrative agency shall notify the Minister of Trade, Industry and Energy of the outcomes of implementing a plan for facilitating technology transfer and commercialization prescribed in Article 5 (1) of the Act each year for each area of business affairs under his/her jurisdiction by no later than February 15 of the following year. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 6 Deleted. <Oct. 1, 2009> |
| Article 7 Deleted. <Oct. 1, 2009> |
| Article 8 Deleted. <Oct. 1, 2009> |
| Article 9 (Registration, etc. of Information concerning Technology Transfer and Commercialization) |
| (1) | “Extenuating circumstances specified by Presidential Decree, such as where the technology is classified as national confidential information” in the main body of Article 7 (2) of the Act means any of the following cases: |
| 1. | Where it is recognized that serious damage to national security, economy or related industries can be caused in cases of the outflow of the technology; |
| 2. | Where it is recognized that there is a possibility that legitimate interests of the corporation can be seriously undermined if confidential information regarding its management and business operation is disclosed due to registration of the technology. |
| (2) | A “period prescribed by Presidential Decree” in the main body of Article 7 (2) of the Act means each of the following periods: |
| 1. | Where it is deemed extenuating circumstances by the heads of the relevant central administrative agencies, such as the absence of the relevant researcher or developer: Within three months from completing the development of the relevant technology; |
| 2. | In cases other than subparagraph 1: Upon completing the development of the relevant technology. |
| 1. | The name, address, and telephone number of the registrant (in cases of a corporation, its name; the address of its principal office; and the name of its representative); |
| 2. | The name, address and telephone number of the person who possesses the technology or holds the right thereto; |
| 3. | The name and details of the technology, and details of related technologies (including the areas where the technology can be applied); |
| (4) | In accordance with Article 7 (3) of the Act, the head of each relevant central administrative agency may provide necessary support to institutions with excellent track records in providing information on technology transfer and commercialization. |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 10 (Scope of Fact-Finding Surveys, etc.) |
| (1) | The Minister of Trade, Industry and Energy shall conduct an annual fact-finding survey prescribed in Article 8 (1) of the Act: Provided, That, where it is deemed necessary, a fact-finding survey may be conducted at any time. <Amended on Mar. 23, 2013> |
| (2) | “Extenuating circumstances specified by Presidential Decree, such as maintaining confidentiality of corporate business or trade secrets” in Article 8 (2) of the Act mean any of the following cases: |
| 1. | Where it is recognized that legitimate interests of the corporation may be seriously undermined if confidential information regarding its management and business operation is disclosed due to submission of materials; |
| 2. | Where the duty of confidentiality is imposed under other statutes or contracts. |
| (3) | The specific scope of documentation of a fact-finding survey prescribed in Article 8 (3) of the Act shall be as follows: |
| 1. | Data regarding the person to adopt the technology and the person to provide the technology; |
| 2. | Data regarding the technology transfer contract, including technology transfer method, contract amount, etc.; |
| 3. | Data regarding the results of commercializing the technology; |
| 4. | Data regarding human resources, technology, support system, etc. |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 11 Deleted. <Apr. 30, 2009> |
| Article 12 Deleted. <Aug. 17, 2010> |
| Article 13 Deleted. <Aug. 17, 2010> |
| Article 14 Deleted. <Apr. 30, 2009> |
| Article 15 Deleted. <Apr. 30, 2009> |
| Article 16 (Criteria, etc. for Designating Technology Trading Agencies) |
| (1) | An “entity that meets standards prescribed by Presidential Decree regarding human resources exclusively responsible for technology trading and other relevant matters” in Article 10 (1) of the Act means a corporation satisfying the following requirements: <Amended on Mar. 23, 2013> |
| 1. | It shall employ at least three persons at all times who can engage in any business activity prescribed in Article 10 (2) of the Act, among those who have acquired the qualification as a technology trader referred to in Article 14 of the Act (hereinafter referred to as “technology trader”), attorney-at-law, patent attorney, certified public accountant, or professional engineer; |
| 2. | It shall have a business guide on technology transactions conducted in accordance with the standards prescribed and publicly announced by the Minister of Trade, Industry and Energy; |
| 3. | It shall have the information network for collecting, managing, distributing, etc. information on technology transfer and commercialization established in accordance with the standards prescribed and publicly announced by the Minister of Trade, Industry and Energy; |
| 4. | At least six months shall have passed from the date of cancellation of designation prescribed in Article 10 (3) of the Act. |
| (2) | Any person who intends to be designated as a technology trading agency referred to in Article 10 (1) of the Act (hereinafter referred to as a "technology trading agency") shall submit a written application for designation, attached with the following documents, to the head of the relevant central administrative agency: Provided, That, where it is not clear which central administrative agency is the relevant central administrative agency, they may be submitted to the Minister of Trade, Industry and Energy: <Amended on Mar. 23, 2013> |
| 1. | Evidential documents regarding the requirements prescribed in paragraphs (1) 1 through 4; |
| 2. | The articles of incorporation; |
| (3) | When designating a technical trading agency referred to in Article 10 (1) of the Act, the head of any relevant central administrative agency may seek advice from the KIAT. |
| (4) | Where the head of any central administrative agency has designated a technology trading agency referred to in Article 10 (1) of the Act, he/she shall publicly announce the following matters and notify details thereof to the Minister of Trade, Industry and Energy: <Amended on Mar. 23, 2013> |
| 1. | The name of the technology trading agency, and the name, address, and telephone number of its representative; |
| 2. | The areas of expertise, if any; |
| 3. | Where any condition is attached to the designation, details of such condition. |
| (5) | The Minister of Trade, Industry and Energy may integrate and publicly announce matters notified by the heads of the relevant central administrative agencies pursuant to paragraph (4). <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 17 (Notifying Revocation of Designation of Technology Trading Agencies) |
| (1) | Where the head of any central administrative agency has revoked the designation of a technology trading agency pursuant to Article 10 (3) of the Act, he/she shall notify it to the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (2) | Any technology trading agency, in receipt of subsidies prescribed in Article 10 (4) of the Act, shall establish a separate account for managing the subsidies, and notify the Minister of Trade, Industry and Energy of the governmental institution that has provided the subsidies, the amount and purpose of the subsidies, etc. <Amended on Mar. 23, 2013> |
| (3) | The information related to technology transactions that each technology trading agency shall notify to the KIAT pursuant to Article 10 (5) of the Act shall be as follows: |
| 1. | The person to adopt the technology and the person to provide the technology; |
| 2. | Matters related to the technology transaction contract, including the type of the relevant technology transaction, royalty, contract period, etc. |
| (4) | In accordance with Article 10 (5) of the Act, the technology trading agency shall notify the KIAT of the matters related to the relevant technology transaction prescribed in paragraph (3) according to the following classification: |
| 1. | Performance results for the first half of a year: by July 31; |
| 2. | Annual performance results: by January 31 of the following year. |
| (5) | Where any of the following grounds arises, the technology trading agency shall provide a written notice thereof to the head of each relevant central administrative agency within 30 days from the date the relevant ground arises: |
| 1. | When any matter prescribed in Article 16 (1) 1 has been changed; |
| 2. | When it has become impracticable to engage in any business activity prescribed in Article 10 (2) of the Act due to business closure, etc. |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 18 (Criteria for Establishing Exclusively Responsible Organizations and Operation thereof, etc.) |
| (1) | The public research institutes required to establish exclusively responsible organizations referred to in Article 11 (1) of the Act shall be as follows: |
| 1. | National and public research institutes; |
| 2. | Government-funded research institutes established under Article 8 (1) of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc. |
| 5. | Other public research institutes recognized as necessary and designated by the head of any relevant central administrative agency to promote technology transfer and commercialization, based on the nature of the institutes, human resources and budget for research and development, technologies in possession, etc. |
| (2) | Where deemed necessary for promoting the efficiency of work when establishing exclusively responsible organizations referred to in paragraph (1), public research institutes may jointly establish and operate an exclusively responsible organization. |
| (3) | Any exclusively responsible organization established under paragraph (1) or (2) shall have a fully dedicated workforce consisting of at least one person. |
| (4) | Any public research institute that has established an exclusively responsible organization prescribed in paragraph (1) or (2) shall submit its annual plan for technology transfer and commercialization, the outcomes of implementing the plan, etc. each year to the head of the relevant central administrative agency by no later than January 31 of the following year. |
| (5) | An organization with exclusive responsibility shall perform the following duties: <Amended on Jul. 30, 2019> |
| 1. | In cases of succession to invention made in relation to the duties, business affairs related thereto; |
| 2. | Business affairs related to application, registration, management, transfer and utilization for and of patents, etc. and the entrustment of such business affairs; |
| 3. | Distributing profits, such as royalties, arising from technology transfer and commercialization; |
| 4. | Promoting technology transfer and commercialization; |
| 5. | Providing technology information regarding research outcomes of industries. |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 19 (Support for Exclusively Responsible Organizations) |
In accordance with Article 11 (3) of the Act, the head of any relevant central administrative agency may provide any public research institute that has established an exclusively responsible organization with subsidies for the following: | 1. | Personnel expenses incurred in relation to a dedicated workforce; |
| 2. | Expenses incurred in performing the duties prescribed in Article 18 (5). |
| Article 19-2 (Criteria, etc. for Designating Companies Specializing in Commercialization) |
| (1) | The “standards prescribed by Presidential Decree, including human resources exclusively responsible for commercialization assistance, related facilities, etc.” in the main body of Article 12-2 (1) of the Act means the following requirements: Provided, That, in cases of companies specializing in commercialization engaged only in a business for inviting and investing funds necessary for commercialization as prescribed in Article 12-2 (1) 4 of the Act, the requirement prescribed in subparagraph 1 may not be required: |
| 1. | It shall employ at least five persons at all times who can engage in any business activity prescribed in the subparagraphs of Article 12-2 (1) of the Act, among those who have acquired the qualification as an attorney-at-law, patent attorney, certified public accountant, certified public appraiser, technology trader, professional engineer, certified management consultant, or certified technology consultant. In such cases, two technology traders shall be always included therein; |
| 2. | It shall have a track record of at least 15 cases of commercialization assistance over the recent three years; |
| 3. | It shall have the information network for collecting, managing, distributing, etc. information related to commercialization; |
| 4. | Where designation has been revoked pursuant to Article 12-2 (2) of the Act, six months shall have passed since the date of revocation. |
| (2) | Any person who intends to be designated as a company specializing in commercialization referred to in Article 12-2 (1) of the Act shall submit a written application for designation as a company specializing in commercialization, attached with the following documents, to the head of the relevant central administrative agency: Provided, That, where it is not clear which central administrative agency is the relevant central administrative agency, they may be submitted to the Minister of Trade, Industry and Energy: <Amended on Mar. 23, 2013> |
| 1. | Evidential documents regarding the requirements prescribed in paragraphs (1) 1 through 4; |
| 2. | The articles of incorporation; |
| (3) | When designating a company specializing in commercialization referred to in Article 12-2 (1) of the Act, the head of any relevant central administrative agency may seek advice from the KIAT. |
| (4) | Where the head of any central administrative agency has designated a company specializing in commercialization referred to in Article 12-2 (1) of the Act, he/she shall publicly announce the following matters and notify details thereof to the Minister of Trade, Industry and Energy: <Amended on Mar. 23, 2013> |
| 1. | The name of the company specializing in commercialization, and the name, address, and telephone number of its representative; |
| 2. | The areas of expertise, if any; |
| (5) | Where any of the following grounds arises, the company specializing in commercialization shall provide a written notice thereof to the head of each relevant central administrative agency within 30 days from the date the relevant ground arises: |
| 1. | When any matter prescribed in paragraph (1) 1 or 3 has been changed; |
| 2. | When it has become impracticable to engage in any business activity prescribed in Article 12-2 (1) of the Act due to business closure, etc. |
[This Article Newly Inserted on Aug. 17, 2010]
| Article 19-3 (Revoking Designation of Companies Specializing in Commercialization) |
| (2) | Where the head of any central administrative agency has revoked the designation of a company specializing in commercialization pursuant to Article 12-2 (2) of the Act, he/she shall notify the Minister of Trade, Industry and Energy of such fact. <Amended by Mar. 23, 2013> |
[This Article Newly Inserted on Aug. 17, 2010]
| Article 19-4 (Notification of Records of Commercialization Assistance, etc.) |
| (1) | “Extenuating circumstances specified by Presidential Decree, such as the maintenance of confidentiality of corporate business or trade secrets” in Article 12-3 (1) of the Act means any of the following cases: |
| 1. | Where it is recognized that serious damage to national security, economy or related industries can be caused in cases of the outflow of the technology; |
| 2. | Where it is recognized that legitimate interests of the corporation may be seriously undermined if confidential information regarding its management and business operation is disclosed due to registration of the technology. |
| (2) | In accordance with Article 12-3 (1) of the Act, a company specializing in commercialization shall notify the Minister of Trade, Industry and Energy of its records of commercialization assistance according to the following classification: <Amended on Mar. 23, 2013> |
| 1. | Performance results for the first half of a year: by July 31; |
| 2. | Annual performance results: by January 31 of the following year. |
[This Article Newly Inserted on Aug. 17, 2010]
| Article 20 (Nurturing Specialists) |
| (1) | In accordance with Article 13 of the Act, where any of the following institutions establishes and operates educational courses (including training programs) for fostering professional human resources specializing in technology transfer and commercialization, the head of any relevant central administrative agency may subsidize expenses incurred in operating such educational courses: |
| 1. | The Technology Advancement Institute; |
| 3. | Other institutions that conduct projects related to technology transfer and commercialization recognized by the heads of the relevant central administrative agencies. |
| (2) | Where the Minister of Trade, Industry and Energy provides support prescribed in Article 13 (2) of the Act or formulates policies prescribed in paragraph (3) of the same Article, he/she shall pre-consult with the heads of the relevant central administrative agencies. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 21 (Qualifications for Technology Traders, etc.) |
| (1) | “Criteria prescribed by Presidential Decree for careers in, qualifications for, and other requirements for, technology transactions” in Article 14 (2) of the Act means any of the following requirements: <Amended on Mar. 23, 2013> |
| 1. | A person with at least three years of working experience in the fields of technology transfer and commercialization among those who have acquired the qualification as an attorney-at-law, patent attorney, certified public accountant, or professional engineer; |
| 2. | A person with at least three years of research experience in the fields of technology transfer and commercialization among those holding the position of an assistant professor or higher at schools defined in Article 2 of the Higher Education Act; |
| 3. | A person employed in the fields of technology transfer and commercialization for at least three years among researchers at public research institutes; |
| 4. | A person with at least three years of experience in policy, planning, evaluation or management in the fields related to technology transfer and commercialization among public officials of Grade V or higher or public officials in general service belonging to the Senior Civil Service Corps; |
| 5. | A person employed in the fields related to technology transactions or technology evaluation for at least three years among the researchers or persons holding the position as a middle manager or higher at a technology trading agency or a technology evaluation agency referred to in Article 35 (1) of the Act (hereinafter referred to as “technology evaluation agency”); |
| 6. | A person whose work experience related to technology transactions in the foreign or private sector corresponds to any requirement provided for in subparagraph 1 through 5, meeting the criteria prescribed by the Minister of Trade, Industry and Energy. |
| 1. | Education on statutes related to technology transfer and commercialization; |
| 2. | Education on technology marketing and management; |
| 3. | Practical education on technology transfer and commercialization; |
| 4. | Other education deemed necessary by the Minister of Trade, Industry and Energy in relation to technology transfer and commercialization. |
| (4) | Matters necessary for the procedures for registering technology traders, education and management thereof, etc. shall be separately prescribed and publicly announced by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 22 (Management of Projects for Facilitating Technology Transfer and Commercialization) |
| (1) | An “institution specified by Presidential Decree” referred to in the former part of Article 15 (3) of the Act means any of the following institutions: |
| 1. | The Technology Advancement Institute; |
| 3. | Other institutions that conduct projects related to technology transfer and commercialization recognized by the heads of the relevant central administrative agencies. |
| (2) | Regarding the planning, management, evaluation, etc. of projects for facilitating technology transfer and commercialization prescribed in Article 15 of the Act, to the extent that does not violate this Decree, the heads of the relevant central administrative agencies may establish and enforce a separate regulation providing for matters related to the operation system of projects for facilitating technology transfer and commercialization, the procedures for applying for projects, the procedures for selection, the scope of support, etc. |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 22-2 (Institutions for Supporting KIAT) |
“Legal entities or organizations prescribed by Presidential Decree” referred to in Article 15-2 (2) 5 of the Act means any of the following: <Amended on Jun. 25, 2014> | 2. | Government-funded research institutes established under Article 8 (1) of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc. |
[This Article Newly Inserted on Aug. 17, 2010]
| Article 22-3 (Concluding Agreements on Contributions, etc. to KIAT) |
Where the KIAT is to receive a contribution or reimbursement for part of its expenses pursuant to Article 15-2 (2) of the Act, it shall conclude an agreement with the relevant entity or organization concerning the amount of the contribution or reimbursement, the timing and methods for receiving the contribution or reimbursement, etc. [This Article Newly Inserted on Aug. 17, 2010]
| Article 23 (Support, etc. for Technology Protection and Promotion Projects) |
| (1) | The target of technology protection and promotion projects referred to in Article 18 of the Act shall be persons designated by the Minister of Trade, Industry and Energy among those who have not yet reached the phase of business start-up defined in subparagraph 1 of Article 2 of the Support for Small and Medium Enterprise Establishment Act or those in whose case one year has not yet passed since their business was started, as individuals or corporations holding technology potential for commercialization. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy may provide any of the following support to those eligible to receive support according to technology protection and promotion projects referred to in paragraph (1): <Amended on Mar. 23, 2013> |
| 1. | Financing necessary to develop test products; |
| 2. | Support necessary for commercialization, including human resources, information, facilities, technical guidance, etc. |
| (3) | Where the Minister of Trade, Industry and Energy intends to provide support prescribed in paragraph (2), he/she shall conclude an agreement in advance with a person to receive the relevant support regarding the following matters: <Amended on Mar. 23, 2013> |
| 1. | Details of the relevant technology; |
| 2. | Details of support, including funding, human resources, information, facilities, technology, etc., and follow-up management thereof; |
| 3. | Matters related to paying royalties. |
| (4) | The royalties received pursuant to paragraph 3 (3) may be used for any of the following purposes: <Amended on Mar. 23, 2013> |
| 1. | Support prescribed in the subparagraphs of paragraph (2); |
| 2. | Contributions to projects deemed necessary by the Minister of Trade, Industry and Energy, including the planning, evaluation, management, expansion, etc. of technology protection and promotion projects. |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 24 (Distribution of Rewards for Transfer of Public Technology) |
| (1) | “Persons specified by Presidential Decree” referred to in Article 19 (2) of the Act means persons determined by the head of the relevant public research institute among the persons (excluding researchers) who have contributed to concluding the contract for transferring the relevant technology and during the courses leading up thereto. |
| (2) | The reward to be distributed to researchers and persons who have contributed to transferring technology pursuant to Article 19 (2) of the Act shall be the amount of money according to the following classification or the amount equivalent thereto: Provided, That, in cases of researchers who are public officials (excluding the teachers and staff of national or public schools where an exclusively responsible organization referred to in the latter part of Article 11 (1) of the Act is established), the Regulations on Disposal and Management of Public Officials' In-Service Inventions and Remuneration, Etc. shall apply if the researcher is a State public official, and ordinance of the relevant local government shall apply if the researcher is a local public official: |
| 1. | Researchers: At least 50 percent of the royalties received by transferring or commercializing the technology developed by the relevant researcher; |
| 2. | Persons who have contributed to technology transfer: At least ten percent of the royalties received by transferring or commercializing the technology developed by the researcher. |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 25 (Enactment of Regulations on Facilitating Transfer and Commercialization of Public Technology) |
Matters to be included in the regulations on facilitating transfer and commercialization of public technology pursuant to Article 21 (2) of the Act shall be as follows: <Amended on Mar. 23, 2013; Jul. 30, 2019> | 1. | Matters related to establishing an exclusively responsible organization referred to in Article 11 (1) of the Act and allocating dedicated human resources; |
| 2. | Matters related to applying for, registering, transferring and utilizing intellectual property rights (including matters related to the entrustment of such business affairs and the payment of costs incurred therefor) |
| 3. | Matters related to registering and managing information on technology transfer and commercialization; |
| 4. | Matters related to distributing royalties to researchers or persons who have contributed to technology transfer; |
| 5. | Other matters deemed necessary by the Minister of Trade, Industry and Energy for the purpose of facilitating technology transfer and commercialization. |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 25-2 (Distribution of Rewards for Contributions) |
The reward to be distributed to a person who has made contributions or who has developed technology, etc. pursuant to Article 21-2 (3) of the Act shall be the amount determined according to the following classification. In such cases, the relevant amount shall be based on the amount of income, including royalties received for transferring or commercializing technology, etc.: | 1. | A person who has made contribution: At least 60 percent of the standard amount; |
| 2. | A person who has developed technology, etc.: At least 10 percent of the standard amount. |
[This Article Newly Inserted on Aug. 17, 2010]
| Article 25-3 (Requirements for Establishing Public Research Institute High-Tech Holding Companies) |
| 1. | There shall be at least one full-time specialist engaged in the field of management or technology prescribed in attached Table 1; |
| 2. | There shall be a separate and dedicated space for conducting the business affairs of a public research institute high-tech holding company (hereinafter referred to as "technology holding company"). |
[This Article Newly Inserted on Aug. 17, 2010]
| Article 25-4 (Procedures for Registering Technology Holding Companies) |
| (1) | Any public research institute intending to register itself as a technology holding company pursuant to Article 21-3 (3) of the Act shall submit a written application for registration as a technology holding company prescribed by Ordinance of the Ministry of Trade, Industry and Energy to the Minister of Trade, Industry and Energy. In such cases, where at least two public research institutes intend to jointly establish a technology holding company pursuant to Article 21-3 (1) of the Act, the representative institute thereof shall submit a written application for registration as a technology holding company. <Amended on Mar. 23, 2013> |
| (2) | A written application for registration as a technology holding company referred to in paragraph (1) shall be accompanied by the following documents: |
| 1. | A copy of a plan for establishing a technology holding company, stating the following matters: |
| (a) | The purpose of establishment; |
| (b) | Investment ratio and details; |
| (c) | A business plan (including matters related to the human resources and facilities to be held by the technology holding company). |
| 2. | A copy of the resumes of executive officers. |
| (3) | Where the Minister of Trade, Industry and Energy receives a written application for registration as a technology holding company submitted by any public research institute pursuant to paragraph (1), he/she shall notify the applicant of the outcomes thereof within 30 days from the date of such receipt: Provided, That, where the Minister of Trade, Industry and Energy is unable to provide notice within the aforementioned period due to any extenuating circumstances, he/she may extend the period only once by up to 20 days, and in such cases, the applicant shall be notified of the relevant ground thereof. <Amended on Mar. 23, 2013> |
| (4) | Where the Minister of Trade, Industry and Energy has registered a technology holding company, he/she shall issue a certificate of registration as a technology holding company to the relevant applicant. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Aug. 17, 2010]
| Article 25-5 (Grounds, etc. for Exemption from Obligation to Hold Stocks of Investment Companies) |
| (2) | “Where there exists a cause prescribed by Presidential Decree, such as the transfer of shares” in the proviso to Article 21-4 (2) of the Act means any of the following cases: |
| 1. | Where a technology holding company fails to meet the standard for holding stocks of an investment company on the ground that the investment company has been merged with another company; |
| 3. | Where a technology holding company fails to meet the standard for holding stocks of an investment company on the ground that a claim has been filed for convertible bonds issued under Article 513 of the Commercial Act or on the ground that a claim has been filed for converting warrant bonds issued under 516-2 of the same Act or the preemptive right has been exercised. |
[This Article Newly Inserted on Aug. 17, 2010]
| Article 25-6 (Notice by Technology Holding Companies) |
Where any of the following grounds arises, a technology holding company shall provide a written notice thereof to the Minister of Trade, Industry and Energy within 30 days from the date when the relevant ground occurs: <Amended on Mar. 23, 2013>
| 1. | Where the chief executive officer of the technology holding company is changed; |
[This Article Newly Inserted on Aug. 17, 2010]
| Article 26 (Vesting Outcomes of Public Research and Development, Permission for Use, etc.) |
| (1) | In accordance with Article 24 (3) of the Act, an exclusively responsible organization established in a national or public school pursuant to the latter part of Article 11 (1) of the Act shall inherit the intellectual property rights, including patent rights, and the right to secure the intellectual property rights regarding the invention made by teachers or staff in relation to their duties. |
| (2) | Where the State, etc. vests a participating public research institute with rights to outcomes produced from any research and development project pursuant to Article 24 (3) of the Act, it shall require the relevant public research institute to take measures for promoting the use of such outcomes of research and development, including registering the information specified in each subparagraph of Article 9 (3) with the KIAT so as to disclose relevant information to the general public, publicly announcing the procedures, methods, etc. for applying for the use of information, and so forth: Provided, That the foregoing shall not apply in any of the following cases: |
| 1. | Where the relevant public research institute directly uses the outcomes of research and development; |
| 2. | Where the use by the general public is restricted under other statutes or agreements. |
| (3) | Where a public research institute fails to take measures for promoting the use of the outcomes of research and development prescribed in paragraph (2), the State, etc. shall directly take such measures. |
| (4) | Where any public research institute allows the general public to use technology vested in it pursuant to paragraph (2), in principle, it shall grant a non-exclusive license to the relevant technology: Provided, That, in any of the following cases, an exclusive license to the relevant technology may be granted: |
| 1. | Where an exclusive license is prescribed in other statutes or agreements; |
| 2. | Where no person wants to obtain a non-exclusive license within one year (a period specified by the head of such public research institute, which shall be at least six months but not exceeding one year) from the date the information regarding the relevant technology transfer and commercialization is registered under Article 9 (3) or paragraph (2) of this Article; |
| 3. | Where it is deemed unavoidable based on the nature of the relevant technology. |
| (5) | In accordance with the proviso to Article 24 (5) of the Act, a public research institute may grant a preferential right to an enterprise, etc. that has invested in developing public technology for a period of up to one year after completing the relevant research and development: Provided, That the foregoing shall not apply in cases where it is otherwise provided for in other statutes or agreements. |
| 1. | Expenses incurred in conducting business affairs jointly with outside organizations in relation to technology transfer and commercialization; |
| 2. | Rewards to be paid to those who have contributed to technology transfer. |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 26-2 (Standards and Methods for Paying Incentives) |
| (1) | The incentives referred to in Article 25 (2) of the Act shall be paid in accordance with the following classification: Provided, That the amount of incentives shall not exceed 30 million won per person: |
| 1. | Where ordinary expenses have been saved: 50 percent of the saved amount; |
| 2. | Where major business expenses have been saved: Ten percent of the saved amount. |
| (2) | The heads of the relevant central administrative agencies shall provide incentives within the budgetary limits by no later than April 30 of the fiscal year following the fiscal year when the budget is reduced. |
[This Article Newly Inserted on Aug. 17, 2010]
| Article 27 (Implementing Programs for Facilitating Technology and Asset-Backed Securitization) |
| (1) | “Funds specified by Presidential Decree” referred to in Article 27 (1) 2 of the Act means any of the following funds: <Amended on Mar. 23, 2013; Apr. 2, 2019> |
| 4. | Other funds prescribed by the Minister of Trade, Industry and Energy in consultation with the Minister of Strategy and Finance and the heads of the central administrative agencies managing and operating the relevant funds, based on the purposes of establishing such funds. |
| (2) | The compensation for all or some of losses to be paid by the heads of the relevant central administrative agencies pursuant to Article 27 (2) 1 of the Act shall be provided to institutions determined by the heads of the relevant central administrative agencies among the institutions that have directly suffered losses by participating in a program for facilitating technology and asset-backed securitization referred to in Article 27 of the At, including special purpose companies prescribed in the Asset-Backed Securitization Act, etc. |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 28 (Paying Compensation for Losses Incurred due to Technology-Secured Loans, etc.) |
Where the head of any relevant central administrative agency intends to compensate for all or some of losses incurred due to loans secured by technology pursuant to the latter part of Article 28 (1) of the Act, he/she shall consider the target of the program for facilitating loans secured by technology, the size of the budget, etc.
| Article 29 (Providing Subsidies, etc.) |
| (1) | Any person who has received subsidies prescribed in Article 29 (1) of the Act shall manage them by establishing a separate account. |
| (2) | The subsidies received pursuant to Article 29 (1) of the Act shall be used only for the purposes of covering expenses incurred in performing duties for promoting technology transfer and commercialization. |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 30 (Lease of State Property) |
| (1) | Where any institution participating in technology transfer and commercialization intends to lease, receive concessions for, use, or derive profits from State property pursuant to Article 30 (1) of the Act, it shall apply therefor with the authority managing the relevant property by acquiring recommendation of the head of the competent central administrative agency: Provided, That, where the authority managing the relevant property is the head of the competent central administrative agency, the application shall be filed directly with the head of the competent central administrative agency. |
| (2) | The conditions for leasing, receiving concessions, using, or deriving profits from State property pursuant to paragraph (1) shall be as prescribed in the relevant contract. |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 31 (Granting Concessions for Intellectual Property Rights, etc. without Consideration) |
| (1) | Where it is intended to exempt all or some of royalties or grant a gratuitous concession for intellectual property rights pursuant to Article 31 (1) of the Act, consultations shall be made with the Minister of Strategy and Finance. |
| (2) | Where it is intended to grant a gratuitous concession for instruments and facilities for research, product prototypes, etc. pursuant to Article 31 (2) of the Act, consultations shall be made with the Administrator of the Supply Administration. |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 32 (Criteria, etc. for Designating Technology Evaluation Agencies) |
| (1) | An “agency that meets standards prescribed by Presidential Decree regarding human resources exclusively dedicated to technology evaluation, organizations to manage those human resources, etc.” in Article 35 (1) of the Act means a corporation that meets the following requirements: <Amended on Mar. 23, 2013> |
| 1. | It shall employ any of the following experts at all times: |
| (a) | At least three experts who can engage in a business activity prescribed in any subparagraph of Article 35 (2) of the Act (hereafter in this Article referred to as “technology evaluation duties”), among those who have acquired the qualification as a technology trader, attorney-at-law, patent attorney, certified public accountant, certified public appraiser, or professional engineer; |
| (b) | At least seven experts who have performed technology evaluation duties for at least five years; |
| 2. | It shall have a management organization for performing technology evaluation duties; |
| 3. | It shall have a technology evaluation model that meets the standards prescribed and publicly announced by the Minister of Trade, Industry and Energy; |
| 4. | It shall have the information network for collecting, managing, distributing, etc. information on technology evaluation that meets the standards prescribed and publicly announced by the Minister of Trade, Industry and Energy. |
| (2) | Article 16 (2) through (5) concerning the designation of technology trading agencies shall apply mutatis mutandis to designating technology evaluation agencies. In such cases, “technology trading agency” shall be construed as “technology evaluation agency.” |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 33 (Criteria, etc. for Revoking Designation of Technology Evaluation Agencies) |
| (4) | “Extenuating circumstances specified by Presidential Decree, such as maintaining confidentiality of corporate business or trade secrets” in Article 35 (2) of the Act mean any of the following cases: |
| 1. | Where it is recognized that serious damage to national security, economy or related industries can be caused in cases of the outflow of the technology; |
| 2. | Where it is recognized that legitimate interests of the corporation can be seriously undermined if confidential information regarding its management and business operation is disclosed due to registration of the technology. |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 33-2 (Scope, etc. of Notice of Technology Evaluation Information) |
| (1) | The scope of technology evaluation information notified by any technology evaluation agency to the Minister of Trade, Industry and Energy pursuant to Article 35 (4) of the Act shall be as follows: <Amended on Mar. 23, 2013> |
| 1. | Information related to technology evaluation, including information on technology, corporations, market, etc.; |
| 2. | Cases of technology evaluation, including cases of value assessment, rating, etc. |
| (2) | In accordance with Article 35 (4) of the Act, each technology evaluation agency shall notify the technology evaluation information prescribed in paragraph (1) to the Minister of Trade, Industry and Energy according to the following classification: <Amended on Mar. 23, 2013> |
| 1. | Performance results for the first half of a year: by July 31; |
| 2. | Annual performance results: by January 31 of the following year. |
| (3) | Article 17 (1), (2) and (5) concerning notifying revocation of designation of technology trading agencies shall apply mutatis mutandis to notifying the revocation of designation of technology evaluation agencies. In such cases, “technology trading agency” shall be construed as “technology evaluation agency.” |
[This Article Newly Inserted on Aug. 17, 2010]
| Article 34 (Permission for Technology Trust Management Businesses) |
| (1) | Any person who intends to obtain permission for a technology trust management business pursuant to Article 35-2 (1) of the Act shall submit a written application for permission prescribed by Ordinance of the Ministry of Trade, Industry and Energy, attached with the following documents, to the Minister of Trade, Industry and Energy: <Amended on Mar. 23, 2013> |
| 1. | The technology trust management business regulations; |
| 2. | The terms and conditions regarding acquisition of the trust; |
| 3. | The terms and conditions for each type of technology transfer; |
| 4. | The resumes of representatives and executive officers of applicant corporations, institutions or organizations (hereinafter referred to as "applicant"); |
| 5. | The articles of association or rules; |
| 6. | The resumes of operation specialists and their organizational structure; |
| 7. | Financial statements (applicable only to corporations). |
| (2) | The Minister of Trade, Industry and Energy, in receipt of an application submitted under paragraph (1) shall review a certificate of registered matters (applicable only to corporations) via the system for sharing administrative information prescribed in Article 36 (1) of the Electronic Government Act. <Amended on Mar. 23, 2013> |
| (3) | Where any document submitted pursuant to paragraphs (1) and (2) falls under any of the following subparagraphs, the Minister of Trade, Industry and Energy may require supplementation thereof within a deadline: <Amended on Mar. 23, 2013> |
| 1. | Where any document to be attached has not been submitted; |
| 2. | Where any matter to be stated in the attached documents has not been stated or has been unclearly stated. |
| (4) | Where the Minister of Trade, Industry and Energy grants permission for a technology trust management business, he/she shall issue a license for the technology trust management business prescribed by Ordinance of the Ministry of Trade, Industry and Energy to the relevant applicant. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 35 (Permission, etc. for Amendments to Permitted Matters) |
| (1) | Where any person who is granted permission for a technology trust management business prescribed in Article 35-2 (1) of the Act (hereinafter referred to as "technology trust management institution") intends to amend the technology trust management business regulations referred to in Article 34 (1) 1 or the terms and conditions referred to in subparagraphs 2 and 3 of the same paragraph, such person shall obtain permission therefor from the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (2) | Where a technology trust management institution has changed any of the following matters, he/she shall notify it to the Minister of Trade, Industry and Energy: <Amended on Mar. 23, 2013> |
| 1. | The name of the corporation, institution or organization; |
| 2. | The location of the principal office or business office; |
| (3) | Where a technology trust management institution has suspended or closed its technology trust management business, it shall notify such fact and the grounds therefor to the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 36 (Application for Approval of Rates or Amounts of Fees and Approval Procedures) |
| (1) | Where a technology trust management institution intends to obtain approval regarding the rates or amounts of fees (including approval for any change thereto; hereinafter the same shall apply) referred to in Article 35-2 (7) of the Act, it shall submit a written application for approval to the Minister of Trade, Industry and Energy. <Amended on Apr. 5, 2012; Mar. 23, 2013> |
| (2) | Where the Minister of Trade, Industry and Energy receives a written application for approval regarding the rates or amounts of fees pursuant to Article 35-2 (7) of the Act, he/she shall post details thereof on the website of the Ministry of Trade, Industry and Energy for 30 days in order to hear opinions of the relevant persons. <Amended on Apr. 5, 2012; Mar. 23, 2013> |
| (3) | Where the Minister of Trade, Industry and Energy has granted approval regarding the rates or amounts of fees, he/she shall post details thereof on the website of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 36-2 (Scope of Entrustment of Trust Work) |
| 1. | Duties related to evaluating the value of technology, etc.; |
| 3. | Duties related to protecting and managing technology, etc.; |
| 4. | Duties related to collecting and distributing royalties, usage fees, etc. following the settlement or transfer of technology, etc.; |
| 5. | Duties related to commercializing technology, etc.; |
| 6. | Other duties deemed appropriate in light of the purpose of the trust between a beneficiary and a technology trust management institution. |
[This Article Newly Inserted on Aug. 17, 2010]
| Article 37 (List of technology, etc.) |
| 1. | In cases of technology, etc. of patents, utility models, design, semiconductor integrated circuit layout design, software, etc.: The name of the invention, the registration number, and the date of application or registration; |
| 2. | In cases of technology other than the technology falling under subparagraph 1: The title and field of the technology, etc., and the issues to be solved using the relevant technology, etc. |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 38 (Information Necessary to Conclude Contracts for Technology Transfer) |
| 1. | List of technology, etc.; |
| 2. | The trustor of the relevant technology, etc. and a period of trust; |
| 3. | The conditions for transfer, including royalties, etc., and the relevant terms and conditions. |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 39 (Procedures for Rendering Disposition of Business Suspension) |
Where the Minister of Trade, Industry and Energy intends to render a disposition of business suspension referred to in Article 35-7 (1) of the Act, if the person subject to such disposition wishes to be subjected to a disposition of a penalty surcharge referred to in Article 35-8 of the Act in lieu thereof, he/she may allow such person to submit materials for explanation regarding the grounds therefor. <Amended on Mar. 23, 2013> [This Article Wholly Amended on Aug. 17, 2010]
| Article 40 (Standards for Imposing Penalty Surcharges) |
| (2) | The Minister of Trade, Industry and Energy may increase or reduce the amount of a penalty surcharge by up to 50 percent of the amount determined according to attached Table 2, based on the motive, details, severity, frequency, etc. of violations: Provided, That, when increasing the amount of a penalty surcharge, the total amount shall not exceed the amount pursuant to Article 35-8 (1) of the Act. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 41 (Imposition and Payment of Penalty Surcharges) |
| (1) | Where the Minister of Trade, Industry and Energy imposes a penalty surcharge pursuant to Article 35-8 (1) of the Act, he/she shall require a person subject to the relevant disposition to pay the penalty surcharge by issuing a written notice stating the details of the relevant violation, the amount of the penalty surcharge, etc. <Amended on Mar. 23, 2013> |
| (2) | A person in receipt of the notice referred to in paragraph (1) shall pay the penalty surcharge to a receiving agency designated by the Minister of Trade, Industry and Energy within 20 days from the date when such notice is received: Provided, That, where he/she is unable to pay the penalty surcharge within the aforementioned period due to natural disasters or any other extenuating circumstances, the payment shall be made within seven days from the date when the relevant ground ceases to exist. <Amended on Mar. 23, 2013> |
| (3) | Upon receiving an administrative monetary penalty, the receiving agency shall issue a receipt to the payer. |
| (4) | Upon receipt of the penalty surcharge referred to in paragraph (2), the receiving agency shall notify the Minister of Trade, Industry and Energy of such fact without delay. <Amended on Mar. 23, 2013> |
| (5) | The Minister of Trade, Industry and Energy shall record and manage matters relating to imposing and collecting penalty surcharges referred to in Article 35-8 (1) of the Act. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 42 Deleted. <Apr. 5, 2012> |
| Article 43 (Entrustment of Duty) |
In accordance with Article 39 of the Act, the head of any relevant central administrative agency may entrust any of the following duties to the head of the KIAT: | 3. | Business affairs related to technology protection and promotion projects prescribed in Article 18 of the Act; |
[This Article Wholly Amended on Aug. 17, 2010]
| Article 44 (Handling of Personally Identifiable Information) |
Where it is essential to perform any of the following duties, the Minister of Trade, Industry and Energy or the head of any relevant central administrative agency (including persons entrusted with authority of the head of any relevant central administrative agency prescribed in Article 43) may handle materials containing a resident registration number or alien registration number referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended on Mar. 23, 2013> | 1. | Duties related to designating, etc. technology trading agencies referred to in Article 10 (1) of the Act, and duties related to handling changed matters notified under Article 17 (5) of this Decree; |
| 3. | Deleted; <Jul. 17, 2017> |
| 4. | Deleted; <Jul. 17, 2017> |
[This Article Newly Inserted on Jan. 6, 2012]
| Article 45 (Review of Regulations) |
| (1) | The Minister of Trade, Industry and Energy shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended on Dec. 9, 2014> |
| 1. | The criteria and procedures for designating technology trading agencies referred to in Article 16: January 1, 2014; |
| 2. | The criteria and procedures for designating companies specializing in commercialization referred to in Article 19-2: January 1, 2014; |
| 3. | The requirements for registering technology traders referred to in Article 21: January 1, 2014; |
| 4. | The criteria for designating technology evaluation agencies referred to in Article 32: January 1, 2014. |
| (2) | The Minister of Trade, Industry and Energy shall review the appropriateness of the criteria for designating companies specializing in commercialization referred to in Article 19-2 and documents to be submitted therefor, etc. every two years from January 1, 2015 (referring to the period that ends on the day before every second anniversary from January 1, 2015), and shall take measures, such as making improvements: <Amended on Dec. 9, 2014> |
[This Article Newly Inserted on Dec. 30, 2013]
ADDENDA <Presidential Decree No. 20137, Jun. 29, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Applicability to Distributing Rewards for Transferring Public Technology)
The amended provisions of Article 24 shall apply to persons who have contributed to concluding contracts for transferring technology, the development of which is completed after this Decree enters into force, and during the courses leading up thereto. Article 3 (Transitional Measures concerning Period of Granting Priority to Investment Companies)
Notwithstanding the amended provisions of Article 26 (4), the former provisions shall apply to persons who have been granted a priority for using public technology prescribed in the former provisions of Article 18 (4) before this Decree enters into force. Article 4 Omitted.
Article 5 (Relations with other Acts and Subordinate Statutes)
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Provisions concerning Delegation)
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 21010, Sep. 18, 2008>
This Decree shall enter into force on September 22, 2008.
Article 1 (Provisions concerning Delegation)
This Decree shall enter into force on May 1, 2009.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21692, Aug.18, 2009>
Article 1 (Provisions concerning Delegation)
This Decree shall enter into force on August 23, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21761, Oct. 1, 2009>
This Decree shall enter into force on October 2, 2009.
Article 1 (Provisions concerning Delegation)
This Decree shall enter into force on November 22, 2009.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 5, 2010>
Article 1 (Provisions concerning Delegation)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Provisions concerning Delegation)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22344, Aug. 17, 2010>
Article 1 (Provisions concerning Delegation)
This Decree shall enter into on the date of its promulgation.
Article 2 (Applicability to Registering Information on Technology Transfer and Commercialization)
The amended provisions of the subparagraphs of Article 9 (2) shall apply to cases where technology is to be transferred after this Decree enters into force. Article 3 (Applicability to Rewards to be Distributed to Technology Transfer Contributors, etc.)
The amended provisions of the subparagraphs of Article 24 (2) shall apply to cases where royalties received after this Decree enters into force are distributed as a reward.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Provisions concerning Delegation)
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23644, Feb. 29, 2012>
Article 1 (Provisions concerning Delegation)
This Decree shall enter into force on the date of its promulgation: Provided, That...<Omitted>...the amended provisions of Articles 2 and 3 of these Addenda shall enter into force on July 22, 2012. Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23704, Apr. 5, 2012>
This Decree shall enter into force on April 27, 2012.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Provisions concerning Delegation)
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25393, Jun. 25, 2014>
Article 1 (Provisions concerning Delegation)
This Decree shall enter into force on June 29, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Provisions concerning Delegation)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 28187, Jul. 17, 2017>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 29677, Apr. 2, 2019>
Article 1 (Provisions concerning Delegation)
This Decree shall enter into on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 30012, Jul. 30, 2019>
Article 1 (Provisions concerning Delegation)
This Decree shall enter into on the date of its promulgation.
Article 2 (Applicability to Change of Grounds for Permission of Exclusive licenses)
The amended provisions of Article 26 (4) 2 shall also apply to public technology registered with the KIAT as at the time this Decree enters into force.