South Korea

Country code: 

KR

Flag: 

Ownership rules: 

Default (statutory) regime for the ownership

Creator/inventor or his successor in title

Default (statutory) regime for employee’s creations

Employer; in relation to patents - non-exclusive license for in-service inventions are given to the employer

Ownership of research results in publicly sponsored research

General details of cooperation are regulated by framework agreements between the partners. In case of technology licensing, the patent ownership belongs to university, in case of contract research the ownership is decided under agreements negotiated between sponsor and university separately for each project.

Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually

Specific ownership rules for research organisations are not defined in the relevant act but such rules may exist at HEIs level.

Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually

Specific ownership rules for students/ visiting researchers/doctoral students are not defined in the relevant act but such rules may exist at HEIs level.

Related law (name & link)

Copyright Act of 1957

Patent Act of 1961

Design Protection Act of 1961

Seed Industry Act of 1995

Semiconductor Integrated Circuits Layout Design Act of 1992

Dissemination rules: 

Limitations on publication

If it is a patentable IP, then protection prior to publication is needed.

Specific rules regarding publication of scientific results financed by public bodies

Framework agreements concluded between partners deal with the provisions regarding publication of scientific results, no specific rules at national level could be retrieved.

Non-disclosure clauses in research contracts

No data could be retrieved in this regard.

Specific incentives for innovation activities: 

Related Law (name & Link)

Income Tax Act

Incentives provided by law for individual researchers

Tax incentives

Related Law (name & Link)

Income Tax Act

Incentives provided by HEI for researcher

Career promotion

Form of commercialisation: 

Form of commercialisation

Requirements regarding form of contract

Limitations for HEIs

HEIs Unit responsible for commercialisation

Related law (name & link)

Licensing of IPR / Transfer of IPR

Written form

No

Generally through sponsored research and industrial consultancy sections (Technology Transfer Offices)

Technology Transfer and Commercialization Promotion Act of 2006

Revenue sharing: 

Remuneration/ Participation in revenues

Statutory rules regarding remuneration

Statutory rules regarding revenue sharing

Internal HEIs rules regarding revenue sharing

Related law (name & link)

Patents, utility models, industrial designs, trademarks, breeders rights, integrated circuits and other forms of IP

Renumeration is non-obligatory

Proportion not specified

Individual HEI may have their own rules, no common rules to all HEIs are found.

Patent Act of 1961

Utility Model Act of 1961

Design Protection Act of 1961

Seed Industry Act of 1995

Semiconductor Integrated Circuits Layout Design Act of 1992

Copyright

Renumeration is obligatory

Proportion not specified

Individual HEI may have their own rules, no common rules to all HEIs are found.

Copyright Act of 1957

Models of contracts used in R&D: 

Type of contracts

Short description

Source (link)

Research Contract between university and industry

KOREA UNIVERSITY Research and Business Foundation is responsible for facilitating this collaboration and the standard agreement is designed based on the requirements of the partners.

http://research.korea.ac.kr/listener.do?layout=technology_3_1