公共部門의 技術移轉 活性化를 위한 法制的 硏究

장은익 한국지식재산학회 2003 産業財産權 Vol.- No.13

This study focused on the legal considerations for developing systematic mechanism to enhance the applicable level of commercialization for the technologies which were developed by public financial supports. Actually, according to related reports, it was shown that the success rate of commercialization amounted to below 10% in terms of public research and development performances which were acquired by governmental institutes, universities and national and public research institutes. In political, technical and industrial viewpoints, this study basically described the technology transfer for research and development business operated in public sectors so as to develop systematic mechanism for improving low commercialization as described above. The study also examined legislative examples related to the technology transfer of each country in terms of comparative law, and presented our legal system as well as the reasonable legislative solutions so as to activate public technology transfer. The methods of the study can be described as follows: First, research literatures and reports are examined and arranged, which have been published so far. Those materials are also summarized on the basis of related data or informations which are submitted to various public institutes as well as summary questionnaire and the experience in technology transfer. Furthermore, the materials are used as a basic data for analyzing our legal system by examining laws and regulations related to technology transfer in foreign countries in terms of comparative law. The scope and content of this study can be classified into 3 sections: ⅰ) Generality for public technology transfer; ⅱ) legislative examples from each country in terms of public technology transfer; ⅲ) legal system and remedial direction for public technology transfer in Korea. Finally, the remedial direction for legislation to facilitate public technology transfer can be summarized into 5 sections as follows: Firstly, in terms of legal arrangement related to technology transfer. Secondly, in terms of research and development business. Thirdly, in terms of the support system for public technology transfer. Fourthly, in terms of the management system for public technology transfer. Finally, in terms of the right to execute the public technology transfer.

기술이전중개자 도출을 통한 기술이전 활성화 방법론 - Global MVP 연구단 사례

전하성,김상덕,홍종의 사단법인 인문사회과학기술융합학회 2016 예술인문사회융합멀티미디어논문지 Vol.6 No.7

Effective acquisition technology is an important factor determining the competitiveness of companies(Roxas et al., 2011). Since the importance of technology transfer has been increased, there has been a growing interest in company, government, university and research institutes (Bozeman et al., 2015). Despite the national efforts for activating technology transfer, a lot of technology is still in universities and R&D center(Ockwell et al., 2009). The barriers of technology transfer are a main reason to inhibit the technology transfer. In order to be lower technology transfer barriers, it is necessary to derive the technology transfer broker based on social network analysis. However, most studies related to technology transfer broker had been focused on empirical study(Bozeman et al., 2015). Therefore, it is needed to suggest the method to grasp the opportunity that can lead to technology innovation based on analyzing and visualizing the network of technology transfer. The method in this study provides the company with the connectable path, technology transfer broker and strategy to classify the technology actor within the network. Finally, the method is applied to Global MVP for verifying the feasibility of method. 새로운 기술의 효과적인 획득과 활용은 기업 성공의 핵심 열쇠이며, 기업 경쟁력을 결정짓는 핵심요소이다(Roxas et al., 2011). 기술이전의 중요성이 증가함에 따라서 대학뿐만 아니라 기업, 정부와 연구소의 기술이전에 대한 관심 또한 증대되고 있다(Bozeman et al., 2015). 그러나 기술에 대한 투자 증가와 기술이전 활성화를 위한 국가 차원의 지속적인 노력에도 불구하고 아직까지 상당수의 대학, 연구소의 기술이 전이되지 못하고 사장되고 있는 상황이다(Ockwell et al., 2009). 기술이전 활성화가 저해되는 주원인은 기술이전 장벽(Barrier)이 존재하기 때문이다. 기술이전 장벽을 낮추고 기술이전을 활성화하기 위해서는 사회연결망 분석(Social Network Analysis)을 기반으로 한 기술이전 중개자(Technology Transfer Broker)의 도출이 필요하다. 그러나 기술이전 중개자와 관련된 기존 대부분의 연구는 사례연구(empirical study)에 초점을 두고 있다(Bozeman et al., 2015). 따라서 본 연구의 방법론은 기술이전 네트워크를 시각화하고 분석함으로써 기술혁신을 이끌 수 있는 기회를 파악하고자 한다. 또한 핵심 기술중개자는 물론 핵심 기술중개자 상호간의 연결가능한 조직을 파악하고, 기술네트워크 내의 조직을 분류하여 전략을 제시한다. 마지막으로 Global MVP에 본 연구 방법론을 적용하여, 본 연구의 적용가능성을 검증한다.

한국기업의 대중국 기술이전 결정요인 분석

김희용(Hee-Yong Kim) 한국무역연구원 2008 貿易 硏究 Vol.4 No.2

This study aims to come up with the elements that have influence on the outcomes of technology transfer in a multi-divisional way by making analysis of the interactive relations among technology transfer factor, technology transfer procedure factors, and technology transfer outcome factors through the Structural Equation Model(SEM). And the sample companies are restricted to the ones that have the records of technology transfer to China for the past five years For research model, technology success factor model of Choi and Lee (2000) and technology receptive capability and technology transfer outcome model of Lin, Tan and Chang(2002) were adopted. The research model was divided into an external variable, technology transfer factors and an internal variables, technology transfer procedure factors and technology transfer outcome factors. Research hypothesis was divided into technology transfer factors and technology transfer procedure factors; and technology transfer outcomes. As a result of analysis, cultural difference associated with technology transfer, technological type, corporate capability, and mutual trust have an effect on the outcomes of technology transfer.

A Study on the Influence Factors Affecting the Technology Dealing Negotiations as Aimed at the Promotion of Technology Transfer Commercialization

Wanki Kim 한국유통과학회 2013 한국유통과학회 학술대회 논문집 Vol.2013 No.-

Purpose – Acceleration of convergence between industries in this era of global competition has imparted marked influence on dealing, distribution and relevant laws of technological assets, thereby enticing great deal of academic and commercial interest on technology dealing. While the traditional distribution structure of commodity had taken unidirectional distribution format of consumers purchasing manufactured commodity from the manufacturers, technological sales of technological assets take the form of bidirectional distribution transaction. Recently, the need to enhance the success rate of commercialization of technology through technology transfer for the results of R&D at national level is being emphasized. However, the technology transfer rate through public research institutes remains at about 23% of the R&D investment, thereby increasing the concerns on the efficiencies of national R&D investments. The main goal of technology transfer is to elevate the technology competitiveness of the nation by commercializing the technological assets that public research institutions have through transfer to enterprises or in Spin-off format. However, the discrepancies in the cognition of the technology being traded between the seller and buyer of the technology at the time of trade negotiation for the sales of technology are making the conclusion of trade negotiation for technology transfer. This Study aims to promote technology transfer commercialization and ultimately make contribution towards enhancement of the success rate of commercialization of technology transfer at national level by deducing the factors that impart influence on the negotiation at the time of technology dealing between the seller and buyer of technology of public research institutions subjected to transfer and sales. Research design, data and methodology – This Study deduced 5 research hypotheses through preceding researches related to technology transfer commercialization-related t

The Importance of Design Technology Transfer & the Effects of its Development

구영만 한국디지털디자인학회 2009 디지털디자인학연구 Vol.9 No.3

The 21st century we live in is considered to be 'the Age of Emotion' or 'the 2nd Renaissance'. As the character of each consumer becomes more and more unique, their demands have become more diverse. As a result, consumers tend to prefer their own peculiar design. And so, nowadays, designs that lack competitiveness cannot survive in the market. Design has become an international language that no one person does not understand. However, design can be distinguished as followed when taken a closer look. Design, to the general consumer, is a trend as well as a style that is exposed to the world. However, to corporations, designers and/or policy-makers, design is also a 'technology' that must be protected and transferred by law. Korea, today, ranks as the 4th most powerful country in the registration of Intellectual Property such as patent technology, utility model technology, design technology and so on. However, when compared with advanced countries, Korea still lacks understanding towards the protection and transfer of design technology. There are still design-related persons that argue whether design belongs to the art field or technology field. Nevertheless, Article 2 of the 'Law on Technology Transfer and Promotion of Commercialization' defines 'design' as 'technology'. Nowadays, the Korean technology transfer market is mostly focused on 'patent technology' and 'utility model technology'. And so, little attention is given towards 'design technology transfer'. This study emphasizes the importance of 'design technology transfer' and its far-reaching effects by analyzing the 'design technology transfer' market based on research on the Korean established technology transfer market. The author hopes that this study will further advance the Korean design industry by becoming a stimulant to design-related persons and design policy-makers for the more active design technology transfer market.

韓國企業의 技術移轉 戰略에 관한 硏究

박길상 尙志大學校 1995 論文集 Vol.16 No.-

International technology transfers have become recognized in recent years as one of the most important components of international business activity. This represents a striking shift in values. For many years following World Was II, the role of multinational enterprises as vehicles for international transfers of capital was given more attention. A global shortage of capital existed. Futhermore, both government officials and experts in development perceived increased capital inputs as the magic key to rapid economic growth. But as capital steadily became more easily available, and as many development efforts based almost solely on capital inputs produced disappointing results, the strategic importance of technology for stimulating economic expansion became ever more apparent. As a result, the technology transfer role of the international firm has moved to the forefront as an issue for international managers and for both host and home countries. While international firms account for a large share of the international technology transfers and most of the commercial transfers, many noncommercial organizations are also responsible for international technology transfers. It is important to note also that the subject of international technology transfers has a broad setting that extends beyond the field of international business. And many national policies concerning technology that affect international business actually involve broader development issues. The importance of the broader setting can be illustrated by the controversy that has emerged over the cost of technology transfers to the developing countries. International firms encounter difficulties in some countries because local officials believe that their countries are paying too much for foreign technology imports. this may or may not be true, depending on what is the appropriate measuring stick. In any event, the international manager should be aware that such beliefs usually stem from focusing exclusively on commercial transfers and that the many technology transfers by governments and others that require little or no payment by the recipients are normally neglected. This study will not attempt to cover the broad field. It will be limited to international technology transfers by Korean enterprises. As necessary background, it will discuss the nature of technology, the international technology transfers transfer process, and the various theories of technology transfers. It will then consider the international technology transfer issues facing the firm and the constraints and incentives of host and home governments as they affect the management of international technology transfers.

미국에서의 기술이전에 대한 연구

최우영(Choi, Woo Young) 중앙대학교 법학연구원 2011 法學論文集 Vol.35 No.2

기업이 발전하기위해서는 무형 자산인 노하우 및 기술 개발을 통하여 구체화 되는데 이러한 기술은 기업의 주요자산이다. 이러한 기술은 지식재산을 보호하는 지식재 산권중 특허 등으로 보호를 받는다. 이러한 기술이전은 국제기술이전과 국내기술이전을 모두 포함하는 의미이며, 기술이전의 대상은 흔히 생각하면 기술만을 의미한다고 할 수 있으나 그 범위보다는 광범위하다. 기술의 이전은 다수의 형태 및 계약의 유형을 가진다. 또한 기술이전의 방법은 라이선싱 협정, 컨설팅 서비스 등의 기술계약에 그치지 않고, 기술이전의 방법을 다양하게 하고 있다. 또한 기술이전계약에서는 기술이 이전전후를 기점으로 권리에 대한 보호가 문제가 될 것이다. 권리의 보호는 단순히 기술이 이전된 후 권리보호 뿐만 아니라 발명이 특허가 되기 전까지의 권리보호가 중요하다. 또한 기술이전계약에서는 기술의 정보를 보호하는 비밀보호계약을 체결함으로 인해 기술의 이전을 용이하게 하거나 기술이전계약이 합의에 이르지 못할 때에도 기술의 비밀정보를 보호함에 따라 기술의 가치의 하락 또는 권리로써의 가치를 하락시키는 것을 막을 수 있다. 그중에서 영업 비밀로써 기술을 보호하는 경우 산업재산권으로 보호되는 경우보다 배타적이지 않기 때문에 비밀보호계약 좀 더 용이하게 이용하게 된다. 이렇듯 기술의 이전은 단순히 기술을 거래하는 것으로 제한되지 않고 더 폭넓게 이용되고 활용되어 지며, 또한 국내 또는 지역을 제한되지 않고 전 세계적으로 기술의 이전은 나타날 수 있다. The Technology is company's main asset through types of intangible know-how and technology development in order to develop businesses. These technologies are protected by patent among rights of intellectual property. Such technology transfer include a domestic technology transfer and international transfer of technology, the subject of technology transfer is wide rather a general scope which you think the technology. Transfer of technology is a various form and have the type of contract. In addition, the technology Contract which is licensing agreements, consulting agreement as well as the technology transfer is a variety of ways In addition, the technology would be issued a protection against right before technology transfer. The protection of the invention is important before the patent as well as the protection of the rights is simply itself after technology is transferred. In addition, technology transfer is used due to agreeing the confidentiality contracts which is protect the information of technology in the technology transfer contract. When technology transfer contract is not agreed, it can prevent that a value of technology or a value as right is declined. The confidentiality agreement the more easily will be used where the protection right of technology as protecting trade secrets rather that is protected by industrial property rights, because trade secrets is not exclusive. So, technology transfer would not limit a dealing of technologies and it is more widely used, through spreading to the domestic or region. technology transfer can occur around the world.

공공연구기관의 기술이전 효율성 결정요인에 관한 연구

현만석,유왕진,이동명 한국경영공학회 2008 한국경영공학회지 Vol.13 No.3

This study is to find out the determinant factors of the technology transfer efficiency for public institutes through DEA and multiple linear regression analysis. This study used 62 public institutes which have experienced in technology transfer in order to analyse public institutes's technology transfer efficiency with DEA. Input parameters are number of R&D people, budget of R&D, number of technology transfer person and number of technology. Output parameters are number of new technology, number of patents application, number of patents registered, number of technology transferred and income of technology transferred. To find the determinant factors of the technology transfer efficiency for public institutes, this study used technology efficiency, pure technical efficiency and scale efficiency as a dependent variable and input/output parameter as a independent variable This analysis showed that 25.84% of technology efficiency is explained by number of R&D person, number of technology, number of patents application, number of technology transferred and 27.87% of pure technical efficiency is explained by number of R&D person, number of technology transfer person, number of technology, number of patents application, number of technology transferred. This study is to find out the determinant factors of the technology transfer efficiency for public institutes through DEA and multiple linear regression analysis. This study used 62 public institutes which have experienced in technology transfer in order to analyse public institutes's technology transfer efficiency with DEA. Input parameters are number of R&D people, budget of R&D, number of technology transfer person and number of technology. Output parameters are number of new technology, number of patents application, number of patents registered, number of technology transferred and income of technology transferred. To find the determinant factors of the technology transfer efficiency for public institutes, this study used technology efficiency, pure technical efficiency and scale efficiency as a dependent variable and input/output parameter as a independent variable This analysis showed that 25.84% of technology efficiency is explained by number of R&D person, number of technology, number of patents application, number of technology transferred and 27.87% of pure technical efficiency is explained by number of R&D person, number of technology transfer person, number of technology, number of patents application, number of technology transferred.

공공연구기관의 기술이전 활성화를 위한 법제 개선방안

조희래,김동준 충남대학교 법학연구소 2019 法學硏究 Vol.30 No.4

대학·공공연의 기술이전 성과는 민간 부문보다 미흡한 것이 현실이다. 대학·공공연의 기술이전 실적이 저조한 이유는 여러 가지가 있겠지만 기술이전에 대한 규제와 기술이전 기여자 보상 시스템의 미흡으로 기술이전 성과가 저하되는 측면도 있다고 볼 수 있다. 이 글은 이 두 가지 문제를 중심으로 제도 개선 방안을 검토해 보았다. 먼저 기술이전법이 적용되는 공공연구기관 보유 기술의 경우 공익적성격에 있어서 국유특허만큼 강하다고 보기는 어렵고, 대상기술의 범위도 폭넓고 다양하므로 일률적으로 통상실시 원칙을 적용할 것이 아니라① 연구비 출처에 따라 취급을 달리하거나, ② 필요한 최소 범위에서 통상실시 원칙을 적용하고(즉, 통상실시 원칙 적용이 필요한 경우만 제한적으로 나열하고) 그 외의 경우는 기관 자율에 맡기는 방안이 바람직할 것이다. 장기적으로는 위와 같은 제도 개선이 바람직하다고 생각되지만 과도기적으로 ① 통상실시 원칙을 유지하는 경우에도 예외사유 중 ‘기술의특성상 불가피한 경우’의 내용을 구체적으로 규정할 필요가 있고, ② 일정기간 공시 후 전용실시 허락이라는 틀을 유지하더라도 공시기간은 현재보다 단축하는 방향으로 제도 개선이 필요할 것으로 보인다. 다른 한편, 국가연구개발사업에 적용되는 공동관리규정의 경우 기술이전법과 같은 수준의 규제 완화는 어렵더라도 ① ‘국내 중소·중견기업’ 우선 원칙의 예외로 될 수 있는 요건을 명확히 할 필요가 있고, ② ‘국내 기업’ 요건의 경우 ‘국내 실시’ 요건으로 대체하는 것을 검토해 볼 필요가있다. 기술이전 기여자 보상제도 운영 실태에서 확인되는 몇 가지 문제점 해결을 위해서는 다음과 같은 제도 개선이 필요하다고 생각된다. 현실의 기술이전에서 연구자들이 차지하는 역할·비중을 고려한다면 연구자를 기술이전 기여자의 대상에서 제외할 것이 아니라 오히려 더 적극적으로 활동할 수 있도록 제도적으로 뒷받침하는 것이 바람직할 것이다. 또한, 기술이전 기여자 대상 범위를 정함에 있어서 실질적 기여자와 형식적 관여자를 구분할 필요가 있다. 나아가 사전공개와 이의신청 절차 마련을 통해기술이전 기여자 보상 시스템의 공정성을 담보할 필요가 있고, 기술이전이 이루어지는 여러 가지 상황에서 일률적으로 10% 기준을 적용하는 것이 경우에 따라 불합리한 결과를 초래하는 것은 아닌지도 검토가 필요하다. 이러한 제도 개선을 위해서는 기술이전 기여자 보상의 중요성에 대한기관 차원의 인식 개선이 필요해 보인다. Technology transfers at universities and public research institutes (hereinafter together referred to as “public research institutes (PRIs)”) are less productive than in the private sectors. There may be various reasons. Among obstacles hindering technology transfer and commercialization of PRIs are regulations on public technology transfer and poor reward system for contributors to technology transfer. This article considers these issues. Technologies owned by PRIs have different characteristics than governmentowned technologies. They are not so strongly related with public interests than government-owned technologies. In addition, they include lots of technologies in a wide variety of technical fields. Therefore, technology transfers should be dealt with differently depending on the source of research funding and regulations on technology transfer should be limited to the extent necessary to achieve the goal of the “Act on Promoting Technology Transfer and Commercialization” (hereinafter ‘TTC Promotion Act’). As provisional measures, the exceptions to non-exclusive license should be stipulated clearly and specifically in the TTC Promotion Act and the public notice period before granting an exclusive licence should be shortened. With regard to the Regulations on the Management, etc. of National Research And Development Projects (hereinafter “National R&D Projects Regulation”), the exceptions to the priority of small and medium domestic enterprises should be stipulated clearly and specifically and “domestic enterprises” requirement should be replaced with “domestic working” requirement. As for the reward system for contributors to technology transfers, the following measures should be implemented. Since researchers, in fact, play an important role in technology transfers, they should not be excluded from the reward system but be included in the system. Non-substantial contributors should be differentiated from substantial contributors when determining persons who have contributed to technology transfers. It is necessary to secure the fairness of the system by establishing prior notice and opposition procedures. There may be situations where it is unreasonable to reward the contributors to technology transfers as much as 10 percents of the royalties. This minimum 10 percents rule should be reviewed. In order for these measures to be taken into effect, the importance of the reward system for contributors to technology transfers needs to be recognized by PRIs.

The Performance Evaluation Framework for Cultivating the Technology Transfer

Joonyoung Kim,Jongyi Hong 보안공학연구지원센터 2016 International Journal of u- and e- Service, Scienc Vol.9 No.10

The concept of technology transfer has been changed for successful technology transfer with rapid technology innovation. There is a need to develop the performance evaluation framework for cultivating the technology transfer considering the change of definition of technology transfer. The suggested framework involves the phase of redefining the technology transfer as a shared two-way process, the phase of expanding the value chain, the phase of restructuring technology transfer barriers and the phase of deriving the hierarchy structure for evaluating the technology transfer containing strategies and critical success factors. Based on the suggested framework, officers in technology transfer would extract the important information and implementation plan for successful technology transfer based on strategies and critical success factors. The technology transfer of public research institutions would be cultivated by evaluating the performance of technology transfer through the proposed framework.