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TECHNOLOGY TRANSFER AND COMMERCIALIZATION PROMOTION ACT — 법갈피

영문법령 / TECHNOLOGY TRANSFER AND COMMERCIALIZATION PROMOTION ACT

TECHNOLOGY TRANSFER AND COMMERCIALIZATION PROMOTION ACT

법률타법개정시행 2025-10-01산업통상부 · 제21065호 · 공포 2025-10-01

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to enhance the technical competitiveness of all the industries by formulating and implementing policies appropriate for facilitating the transfer of technologies developed by public research institutes to the private sector for the commercialization of such technologies as well as the smooth trading and commercialization of technologies developed by the private sector, and ultimately to contribute to the growth of the national economy.

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jan. 23, 2013; Jul. 26, 2017; Jan. 21, 2025; Oct. 1, 2025>

1. The term "technology" means any of the following:

a. Intellectual property, such as patents, utility models, designs, layout-designs of semiconductor integrated circuits, and software, registered or pending in accordance with relevant statutes, such as the Patent Act;

b. Capital goods into which the technology under item a is integrated;

c. Information about the technology under item a or b;

d. Other things specified by Presidential Decree as similar to those under items a through c;

2. The term "technology transfer" means that technology is transferred from its holder (including a person who has a right to dispose of the technology) to another person through assignment, grant of a license, technical guidance, joint research, joint venture, merger and acquisition, etc.;

3. The term "commercialization" means the process by which products are developed, produced or sold using technology, or the improvement of technology related to such process;

4. The term "technology evaluation" means the expression of economic value of any technology, which may be generated through commercialization, in the form of a value, grade, point, etc.;

5. The term "public technology" means technology, the ownership of, a license for, or a right to usage of which belongs to a public research institute;

6. The term "public research institute" means any of the following:

Article 5(Establishment and implementation of plans for facilitation of technology transfer and commercialization) #

(1) The Government shall establish and implement a plan for the facilitation of technology transfer and commercialization (hereinafter referred to as "facilitation plan") in order to achieve the objectives of a policy on technology transfer and commercialization, including the following matters: <Amended on Apr. 12, 2010>

1. Objectives and strategies of a policy on technology transfer and commercialization;

2. Matters concerning the budget for the implementation of facilitation plans;

3. Matters concerning the promotion of projects for facilitating technology transfer and commercialization and the expansion of infrastructure for such purposes;

4. A scheme for vitalizing technology evaluation;

5. Matters concerning financial support for facilitating commercialization;

6. Matters concerning the facilitation of technology and asset-backed securitization;

7. Other matters necessary for facilitating technology transfer and commercialization.

(2) In order to establish a facilitation plan, the head of each relevant central administrative agency, excluding the Minister of Trade, Industry and Resources, shall draw up a plan for facilitating technology transfer and commercialization regarding research and development projects carried out by each such agency and notify the Minister of Trade, Industry and Resources of the plan. <Amended on Apr. 12, 2010; Mar. 23, 2013; Oct. 1, 2025>

(3) When drawing up a plan under paragraph (2), the head of each relevant central administrative agency may include a condition that some of the funds for national research and development projects in the field under its control shall be provided as a subsidy for carrying out projects for facilitating technology transfer and commercialization. <Amended on Apr. 12, 2010>

(4) The Minister of Trade, Industry and Resources shall integrate plans notified pursuant to paragraph (2) to establish a facilitation plan. In such cases, the facilitation plan shall contain an annual promotion plan and a medium-term promotion plan on a three-year basis. <Amended on Apr. 12, 2010; Mar. 23, 2013; Oct. 1, 2025>

(5) Deleted. <Apr. 1, 2009>

(6) Matters necessary for the establishment and implementation of facilitation plans shall be prescribed by Presidential Decree. <Amended on Apr. 12, 2010>

Article 7(Facilitation of registration and supply of information about technology transfer and commercialization) #

(1) The Government shall formulate a policy for the systematic supply of information about technology transfer and commercialization, such as information about technology, technical human resources, facilities and technology evaluation, in order to facilitate technology transfer and commercialization.

(2) If any of the following persons intends to transfer technology, he or she shall register the details of the technology and other relevant facts with the Korea Institute for Advancement of Technology under Article 38 of the Industrial Technology Innovation Promotion Act (hereinafter referred to as "KIAT") within a period of not more than six months prescribed by Presidential Decree, unless there is a compelling reason not to do so specified by Presidential Decree, such as where the technology is classified as national confidential information:

1. A public research institute;

2. An institution or organization, other than a public research institute, that develops and holds technology with support from the State, a local government, or a public institution under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as "public institution");

3. An industrial technology research cooperative under the Industrial Technology Research Cooperatives Support Act.

(3) The Government may assign the following institutions to take charge of supplying information about technology transfer and commercialization and may provide them with support therefor:

1. KIAT;

2. A technology trading agency under Article 10;

3. An exclusively responsible organization under Article 11;

4. A company specializing in commercialization under Article 12;

5. A technology evaluation agency under Article 35;

6. Other relevant specialized institutions prescribed by Presidential Decree.

(4) Matters necessary for the further specific methods of registration of information about technology transfer and commercialization under paragraph (2) and for the support under paragraph (3) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Apr. 12, 2010]

Article 10(Designation of technology trading agency, revocation of designation, and support therefor) #

(1) The head of a relevant central administrative agency may designate an entity that meets standards prescribed by Presidential Decree regarding human resources exclusively responsible for technology trading and other relevant matters, as a technology trading agency, in order to facilitate technology transfer and commercialization.

(2) A technology trading agency designated pursuant to paragraph (1) (hereinafter referred to as "technology trading agency") shall undertake the following business activities:

1. Search for, and demand survey, analysis, and evaluation of, technology eligible for technology transfer and commercialization;

2. Collection, management, and distribution of information about technology transfer and commercialization, and the establishment of an information network for such purposes;

3. Brokerage and mediation services for technology transfer;

4. Other business activities specified by Presidential Decree as those for facilitating the circulation of information about technology transfer and commercialization.

(3) The head of a relevant central administrative agency may revoke the designation of a technology trading agency if it falls under any of the following subparagraphs; provided, when it falls under subparagraph 2, 4 or 5, the designation shall be revoked:

1. Where the trading agency has no record of technology transactions for two years since the designation;

2. Where the agency has obtained the designation by fraud or other improper means;

3. Where the trading agency has failed to perform its duty of notification under paragraph (5) on three or more occasions;

4. Where the agency voluntarily desires to have its designation revoked;

5. Where the agency is no longer able to conduct its business activities under paragraph (2) due to discontinuance of business or any other reason;

6. Where the agency no longer meets standards for designation under paragraph (1).

(4) The Government may, within its budgetary limits, reimburse expenses incurred by any technology trading agency in conducting the business activities under subparagraphs of paragraph (2).

(5) Each technology trading agency shall notify KIAT of the information about technology transactions in the course of conducting business activities under paragraph (2).

(6) Matters necessary for the procedure for the revocation of designation under paragraph (3), the assistance by the Government under paragraph (4), the scope of information about technology transactions to be notified in accordance with paragraph (5), etc. shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Apr. 12, 2010]

Article 15-2(Institutions conducting projects to facilitate technology transfer and commercialization) #

(1) The Minister of Trade, Industry and Resources may have KIAT conduct the following business activities to efficiently advance projects to facilitate technology transfer and commercialization: <Amended on Jan. 26, 2012; Mar. 23, 2013; Oct. 1, 2025>

1. Support for the brokerage and mediation of technology transfer, such as the opening and operation of regular technology transaction markets;

2. Collection, analysis, evaluation and provision of information concerning technology transfer and evaluation;

3. Investments in technology;

4. Building of a system to connect to technology trading agencies, exclusively responsible organizations, technology evaluation agencies, etc. under Article 35;

5. Support for and management of technology traders under Article 14;

6. Development and dissemination of technology evaluation and technology evaluation techniques;

7. Cultivating professionals for transfer, evaluation and commercialization of technology;

8. Statistical surveys and studies concerning technology transfer and commercialization;

9. Technology trust and management business;

10. Purchase of technology and further development of the technology purchased or trusted;

11. Advancement of technology and asset-backed securitization business including the purchase of securitization bonds;

12. Business of accepting contributed technology, etc.;

13. Other business activities necessary to facilitate technology transfer and commercialization, which are prescribed by Presidential Decree.

(2) Any person who falls under any of the following may contribute funds for, or reimburse, some of expenses necessary for KIAT to conduct projects to facilitate technology transfer and commercialization:

1. The State and local governments;

2. Public institutions (excluding public institutions in which the Government has some contribution quotas);

3. Non-profit legal entities established under the Civil Act;

4. Trade association related to technology transfer and commercialization;

5. Legal entities or organizations related to technology transfer and commercialization, which are prescribed by Presidential Decree.

(3) Matters necessary for contributing funds or reimbursing expenses under paragraph (2) shall be prescribed by Presidential Decree.

[This Article Added on Apr. 12, 2010]

Article 24(Vesting of outcomes of public research and development) #

(1) The State, a local government or a public institution shall endeavor to secure intellectual property rights, such as patents, for outcomes acquired by reimbursing expenses incurred in conducting research and development.

(2) Where the State, a local government or a public institution seeks to secure an intellectual property right pursuant to paragraph (1), it shall ensure rights and interests of an institution or enterprise that participates in research and development (referring to an exclusively responsible organization under the latter part of Article 11(1) if a participant is a national or public school; hereafter in this Article referred to as "participating institution, etc."), as well as rights and interests of the relevant researchers.

(3) The State, a local government or a public institution may vest a participating institution, etc. with rights in outcomes produced from a research and development project advanced or supported by it, with conditions on use attached thereto, as prescribed by Presidential Decree.

(4) A public research institute shall endeavor to make public technology, the rights to which have been vested pursuant to paragraph (3), available to enterprises for use, except where the public research institute itself uses the public technology, the use of such technology is limited pursuant to any relevant Act, or any other exceptional circumstance exists. In such cases, the public research institute may set necessary conditions in making the public technology available for use; and may collect royalties from users of the public technology according to the methods agreed upon by the parties concerned, such as suspending collection of royalties until any profit is generated from the commercialization of such public technology, or allowing to pay the royalties in installments or by a certain amount in proportion to profits. <Amended on Mar. 21, 2017>

(5) If a public research institute intends to allow the use of public technology pursuant to paragraph (4), it shall assure the enterprises that seek to use the public technology of equal opportunities; provided, a preferential right may be given to the enterprises that invested in the development of the public technology for a period prescribed by Presidential Decree.

(6) The exclusively responsible organization of a national or public school may use the royalties accruing from the use of public technology, the rights to which have been vested in an exclusively responsible organization pursuant to paragraph (3), after consultation with the head of the national or public school, for the following purposes:

1. Rewards for researchers;

2. Research and development;

3. Technology transfer and commercialization;

4. Application for and registration of intellectual property rights and other business affairs related thereto;

5. Operation of an exclusively responsible organization;

6. Other uses specified by Presidential Decree.

(7) Matters necessary for the management of public technology, the rights to which have been vested in participating institutions, etc. pursuant to paragraph (3), procedures for and conditions on use of public technology and collection of royalties under paragraph (4), the preferential right under paragraph (5), and the use of royalties under paragraph (6) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Apr. 12, 2010]

Article 25-3(Support for establishment of business by researchers, etc. of public research institutes) #

(1) A researcher, etc. belonging to a public research institute may establish a business independently or jointly with other researchers, etc.; provided, the head of the relevant public research institute may restrict its researchers, etc. from starting a business in any of the following cases:

1. Where he or she establishes, or intends to establish, a business by fraud or other improper means;

2. Where it is likely to cause significant damage to the relevant institute;

3. Other cases where it is obvious that he or she aims to obtain unjust enrichment therefrom.

(2) A public research institute may provide technical, financial or other forms of support to entrepreneurs, prospective entrepreneurs, and start-ups or may invest therein; provided, this shall not apply where there are special provisions in other statutes or regulations.

(3) The head of a public research institute shall permit a start-up to use the facilities, equipment, information, etc. in its possession to the extent that it does not impede use or purpose thereof. In such cases, usage fees, etc. may be collected in accordance with the internal regulations of the relevant public research institute.

(4) A researcher, etc. belonging to a public research institute may acquire stocks of a start-up; provided, the head of a public research institute shall prepare procedures and methods to prevent conflicts of interest.

(5) The head of a public research institute shall formulate and operate regulations necessary for facilitating the establishment of a business by researchers, etc.

(6) Matters to be included in paragraph (5) shall be prescribed by Presidential Decree, such as taking a leave of absence or concurrent holding of offices by researchers, etc. to work for a start-up, acquiring and disposing of stocks thereof, supporting and investing in a start-up, and using facilities, equipment and information.

[This Article Added on Jan. 21, 2025]

Article 35(Designation of technology evaluation agencies) #

(1) The head of each relevant central administrative agency may designate an agency that meets standards prescribed by Presidential Decree regarding human resources exclusively dedicated to technology evaluation, organizations to manage those human resources, etc., as a technology evaluation agency, in order to facilitate technology transfer and commercialization.

(2) Each technology evaluation agency designated pursuant to paragraph (1) (hereinafter referred to as "technology evaluation agency") shall undertake the following business activities:

1. Technology evaluation;

2. Survey and analysis of demand for technology evaluation;

3. Collection, analysis, and distribution of information about technology evaluation and the establishment of an information network for such purposes;

4. Business activities for joint utilization and dissemination of information about technology evaluation.

(3) The head of each relevant central administrative agency may revoke the designation of a technology evaluation agency if it falls under any of the following; provided, when it falls under subparagraph 2, 4, or 5, the designation shall be revoked:

1. Where the outcomes of technology evaluation conducted by the agency during one year after the designation have not met the number of cases prescribed by Presidential Decree;

2. Where the agency has obtained the designation by fraud or other improper means;

3. Where the agency has failed to perform its duty of notification under paragraph (4) on three or more occasions;

4. Where the agency voluntarily desires to have its designation revoked;

5. Where the agency is no longer able to conduct its business activities under paragraph (2) due to discontinuance of business or any other reason;

6. Where the agency no longer meets standards for designation under paragraph (1).

(4) Each technology evaluation agency shall notify the Minister of Trade, Industry and Resources of the information about its technology evaluation under paragraph (2) 1, 3, and 4, unless there is a compelling reason not to do so specified by Presidential Decree, such as the maintenance of confidentiality of corporate business or trade secrets. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(5) The Minister of Trade, Industry and Resources shall manage the information about technology evaluation notified under paragraph (4) properly so that such information can be shared among technology evaluation agencies and utilized to facilitate technology transfer and commercialization. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(6) Matters necessary for the procedures for designation under paragraph (1), the procedures for the revocation of designation under paragraph (3), the scope of the notification under paragraph (4), the scheme for the management of information about technology evaluation under paragraph (5), etc. shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Apr. 12, 2010]

Article 35-2(Permission for technology trust management business) #

(1) Any person who intends to operate technology trust management business shall obtain permission from the Minister of Trade, Industry and Resources, as prescribed by Presidential Decree; provided, the foregoing shall not apply where he or she has obtained authorization pursuant to Article 12 of the Financial Investment Services and Capital Markets Act: <Amended on Jan. 26, 2012; Mar. 23, 2013; Oct. 1, 2025>

1. Deleted; <Jan. 26, 2012>

2. Deleted; <Jan. 26, 2012>

3. Deleted. <Jan. 26, 2012>

(2) The Minister of Trade, Industry and Resources shall grant permission for technology trust management business under paragraph (1) to an applicant for such permission, unless the applicant falls under any of the following: <Added on Jan. 26, 2012; Mar. 23, 2013; Jan. 21, 2014; Apr. 17, 2018; Oct. 1, 2025>

1. Where the applicant is a profit-making legal entity, institution, or organization;

2. Where the applicant fails to hold human resources, organizations, technical capability, etc. prescribed by Decree of the Ministry of Trade, Industry and Resources;

3. Where any executive officer or the representative of the relevant legal entity, institution or organization falls under any of the following:

a. A person under adult guardianship;

b. A person declared bankrupt but not yet reinstated;

c. A person in whose case one year has not passed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed (including cases where such imprisonment is deemed completely executed) or exempted;

d. A person who is under the suspension of the execution of sentence of imprisonment without labor or heavier punishment declared by a court;

e. A person in whose case one year has not passed since he or she was sentenced to a fine;

4. Where the applicant is a legal entity, institution or organization that is not domiciled in the Republic of Korea;

5. Where three years have not passed since the permission was revoked (excluding where permission is revoked for falling under item a or b of subparagraph 3) pursuant to Article 35-7.

(3) Where the Minister of Trade, Industry and Resources intends to grant permission for technology trust management business pursuant to paragraph (1), he or she shall consult in advance with the Chairman of the Financial Services Commission. In such cases, the Chairman of the Financial Services Commission shall provide his or her opinion within five days on a working-day basis from the date of receipt of a request for such consultation. <Amended on Jan. 26, 2012; Mar. 23, 2013; Oct. 1, 2025>

(4) Upon receiving an application for permission for technology trust management business under paragraph (1), the Minister of Trade, Industry and Resources shall notify an applicant of the grant or denial of the permission or, if there is a delay in the permission process, of reasons therefor, within 20 days on a working-day basis from the date of receipt of the application. In such cases, if the grant or denial of the permission or reasons for any delay in the permission process are not notified within the said period, the permission shall be deemed granted on the date after the period expires. <Added on Jan. 26, 2012; Mar. 23, 2013; Oct. 1, 2025>

(5) In providing notification of reasons for the delay of a permission process pursuant to paragraph (4), the Minister of Trade, Industry and Resources may extend the period for permission processing under paragraph (4) by no more than ten days. <Added on Jan. 26, 2012; Mar. 23, 2013; Oct. 1, 2025>

(6) Any person who is granted permission for technology trust management business under paragraph (1) (hereinafter referred to as "technology trust management institution") may receive fees from trustors and users of technology, etc. and other persons involved in the transfer and commercialization of such technology, etc. (hereinafter referred to as "technology trustors, etc.") in connection with his or her business activities. <Amended on Jan. 26, 2012>

(7) The rates or amounts of fees under paragraph (6) shall be determined by each technology trust management institution, after obtaining approval from the Minister of Trade, Industry and Resources. In such cases, the Minister of Trade, Industry and Resources may attach, to the approval, terms and conditions on the applicable period. <Amended on Jan. 26, 2012; Mar. 23, 2013; Oct. 1, 2025>

(8) Matters necessary for guidelines for fees under paragraph (7), the methods of payment therefor, procedures for approval thereof, etc. shall be prescribed by Decree of the Ministry of Trade, Industry and Resources. <Amended on Jan. 26, 2012; Mar. 23, 2013; Oct. 1, 2025>

[This Article Wholly Amended on Apr. 12, 2010]

Article 35-7(Revocation of permission) #

(1) The Minister of Trade, Industry and Resources may revoke the permission of a technology trust management institution or issue an order to suspend its business for a prescribed period not exceeding six months, as prescribed by Presidential Decree, if the institution falls under any of the following subparagraphs; provided, when the institution falls under any of subparagraphs 1 through 3, the permission shall be revoked: <Amended on Jan. 26, 2012; Mar. 23, 2013; Oct. 1, 2025>

1. Where the institution has obtained the permission under Article 35-2(1) by fraud or other improper means;

2. Where any ground for disqualification under any of Article 35-2(2)3 through 5 is applicable to the institution; provided, this shall be excluded in cases where a legal entity, institution or organization falling under Article 35-2(2)3 has replaced the executive officer or representative at issue and appointed a new one within three months from the date on which an event or cause constituting the ground for disqualification occurred;

3. Where the institution has continued its business during the period of business suspension after it was subjected to the disposition of business suspension;

4. Where the institution has received fees in excess of limitations approved pursuant to Article 35-2(7);

5. Where the institution has failed to keep or publish a list of technology, etc. or to provide information within a reasonable period, without a justifiable reason, in violation of Article 35-5;

6. Where the institution has failed to submit any data or report under Article 35-6 without a justifiable reason or has submitted any false data or report;

7. Where the institution has failed to comply with an order issued under Article 35-6 without a justifiable reason.

(2) Detailed guidelines for an administrative disposition under paragraph (1) shall be prescribed by Decree of the Ministry of Trade, Industry and Resources, taking into account the types, degree, etc. of violations. <Amended on Mar. 23, 2013; Oct. 1, 2025>

[This Article Wholly Amended on Apr. 12, 2010]

[Moved from Article 35-2 <Apr. 12, 2010>]

TECHNOLOGY TRANSFER AND COMMERCIALIZATION PROMOTION ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Responsibilities of the government) #

Article 4(Relationship to other statutes) #

Article 5(Establishment and implementation of plans for facilitation of technology transfer and commercialization) #

Article 6 #

Article 7(Facilitation of registration and supply of information about technology transfer and commercialization) #

Article 8(Fact-finding surveys) #

Article 9 #

Article 10(Designation of technology trading agency, revocation of designation, and support therefor) #

Article 11(Organizations exclusively responsible for technology transfer and commercialization in public research institutes) #

Article 12(Companies specializing in commercialization) #

Article 12-2(Designation of companies specializing in commercialization and revocation of designation) #

Article 12-3(Notification of performance of commercialization assistance) #

Article 13(Nurturing professional human resources for technology transfer and commercialization, and support therefor) #

Article 14(Registration and cultivation of, and support for, technology traders) #

Article 15(Advancement of projects to facilitate technology transfer and commercialization) #

Article 15-2(Institutions conducting projects to facilitate technology transfer and commercialization) #

Article 16(Facilitation of international technology transfer and commercialization) #

Article 17(Support for local governments' projects for facilitating technology transfer and commercialization) #

Article 18(Implementation of technology protection and promotion projects) #

Article 19(Facilitation of transfer and commercialization of public technology) #

Article 20(Transfer and commercialization of private technology) #

Article 21(Regulations on facilitation of transfer and commercialization of public technology) #

Article 21-2(Acceptance of contributed technology) #

Article 21-3(Establishment of technology holding companies) #

Article 21-4(Establishment of investment companies) #

Article 21-5(Work of technology holding companies) #

Article 21-6(Revocation of registration of technology holding companies) #

Article 21-7(Operation of technology holding companies) #

Article 22(Assistance in creation of rights to outcomes of research and development) #

Article 23(Special cases concerning investment of technology in kind) #

Article 24(Vesting of outcomes of public research and development) #

Article 25(Payment of incentives to persons who saved budget) #

Article 25-2(Facilitation of public researcher entrepreneurship) #

Article 25-3(Support for establishment of business by researchers, etc. of public research institutes) #

Article 25-4(Permission for researchers, etc. of public research institutes to take a leave of absence or hold concurrent offices) #

Article 26(Financial support for commercialization) #

Article 27(Implementation of programs for facilitation of technology and asset-backed securitization) #

Article 28(Implementation of programs to facilitate technology-secured loans) #

Article 29(Provision of subsidies for advancement of technology transfer and commercialization) #

Article 30(Lending of State property) #

Article 31(Granting concessions for intellectual property rights without consideration) #

Article 32(Revitalization of technology evaluation) #

Article 33(Evaluation of economic effects of research and development projects) #

Article 34(Development and dissemination of technology evaluation techniques) #

Article 35(Designation of technology evaluation agencies) #

Article 35-2(Permission for technology trust management business) #

Article 35-3(Methods of trust work) #

Article 35-4(Consignment of trust work) #

Article 35-5(Duty of technology trust management institutions) #

Article 35-6(Supervision) #

Article 35-7(Revocation of permission) #

Article 35-8(Disposition of penalty surcharges) #

Article 36(Report and submission of data) #

Article 37(Hearings) #

Article 38(Prohibition against divulgence of confidential information) #

Article 39(Entrustment of business affairs) #

Article 40(Legal fiction as public officials in application of penalty provisions) #

Article 41(Penalty provisions) #

Article 42(Joint penalty provisions) #