management of intellectual property, such as patents, so that rights to results of research and development can be created quickly and transferred to technology users, and may provide support necessary for securing, maintaining and managing intellectual property.
(2) The Government may partly subsidize expenses incurred to a person who has registered the details of technology in possession and other relevant facts with KIAT in accordance with Article 7 (2) in securing and maintaining the intellectual property for the technology. <Amended by Act No. 9369, Jan. 30, 2009>
Article 23 (Special Cases concerning Investment of Technology in Kind) (1) Where a public research institute has any public technology evaluated by KIAT or a
technology evaluation agency under Article 35 with intent to provide the public technology to an enterprise as investment in kind, such evaluation is deemed to have been appraised by an officially certified appraiser in accordance with Article 299-2 or 422 of the Commercial Act. <Amended by Act No. 9369, Jan. 30, 2009>
(2) Any person who is in charge of technology evaluation under paragraph (1) in KIAT or any technology evaluation agency under Article 35 is deemed an appraiser for the purposes of application of Articles 625, 630, and 635 of the Commercial Act. <Amended by Act No. 9369, Jan. 30, 2009>
Article 24 (Vesting of Rights to Results of Joint Research and Development) (1) The State, a local government, or a public institution shall endeavor to secure
intellectual property, such as patents, for the results acquired by subsidizing expenses incurred in research and development. <Amended by Act No. 9582, Apr. 1, 2009>
(2) The Government, a local government, or a public institution shall, when it intends to secure intellectual property pursuant to paragraph (1), assure of rights and interests of the institutions and enterprises that participated in the research and development (referring to the exclusively responsible organization under the latter part of Article 11 (1) if a participant is a national or public school; for convenience, hereafter in this Article referred to as "participating institutions"), as well as rights and interests of researchers. <Amended by Act No. 9582, Apr. 1, 2009>
(3) The Government, a local government, or a public institution may vest participating institutions with rights in the results produced from a research and development project advanced or supported by it with conditions on use attached thereto, as prescribed by Presidential Decree. <Amended by Act No. 9582, Apr. 1, 2009>
(4) Any 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, a public research institute may set conditions on use in making public technology available for use and may collect royalties from users of the public technology.
(5) Any public research institute shall, when it intends to allow the use of public technology pursuant to paragraph (4), assure the enterprises that desire to use the public technology of equal opportunities: Provided, That a preferential right may be given to the enterprises that invested in the development of the public technology for a period of time prescribed by Presidential Decree.