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Industry

R&D

The R&D area requires a comprehensive approach to various legal fields including intellectual property, tax, and contracts, and further requires expertise in the relevant industries such as IT, energy, and materials/parts. In particular, the publicly aided national R&D projects are highly complicated as issues in public contract laws and administrative laws are combined. Since 2004, Jipyong has been performing numerous R&D related consultations, lawsuits and research.

With its extensive experience, and accumulated know-how and data, Jipyong provides accurate and prompt legal services to meet clients’ demands relating to the attribution and exercise of IPs, technical fees, evaluation and management, joint cross-border research, sanctions including restriction on participation or restitution, trade secrets, and legislative support for applicable laws/regulations and systems.

Key Practice Areas Close

    [National R&D Projects]

    • Interpretation and application of laws and regulations relating to national R&D projects
    • Consultation and representation on disputes between researchers, or between researchers and professional institutions during the performance of national R&D projects
    • Pre/post countermeasures against various dispositions relating to national R&D projects, including restriction on participation or restitution of contributions
    • Disputed rights, execution of license agreements, and royalty collection between joint researchers/developers
    • Public contracts executed between the government and public institutions
    • R&D planning, performance, post-management, and implementation, etc.


    [Private R&D Projects]

    • Negotiations and disputed rights with respect to commercialization of R&D deliverables
    • Protection of IP rights pertaining to R&D deliverables
    • Trade secret protection, and countermeasures against technology theft or job transfers
    • Joint research/investment and development by private research institutes, or corporations
    • Various disputes involving R&D planning, performance, post-management, and implementation
    • Invention in service


    [Commercialization and Claiming of R&D Deliverables]

    • Capitalization through IP financing
    • Negotiations and disputes over rights pertaining to commercialization of R&D deliverables
    • Commercialization of R&D deliverables, including license negotiations and contract executions
    • Acquisition, management and protection of IPs generated during the performance of research, e.g., patents, trademarks, and copyright


    [Others]

    • Countermeasures against various criminal, administrative issues and inspections relating to the performance of R&D projects
    • Laws and policies relating to the preparation of various R&D related systems and procedures
    • Review and preparation of various R&D related notifications and guidelines
    • Enactment of various R&D related legislation and ordinances

Experiences Close

    • Advised on laws and legal interpretations in connection with R&D project cost management, collection of technical fees, attribution of R&D deliverables, and sanctions, etc., for R&D related public institutions such as Korea Evaluation Institute of Industrial Technology, Korea Institute for Advancement of Technology, Korea Institute of Industrial Technology
    • Performed in administrative lawsuit and administrative trial for cancellation of restriction on participation in national R&D projects led by Ministry of Trade, Industry and Energy, Ministry of Science and ICT, Ministry of Education, Ministry of Land, Infrastructure and Transport, and Ministry of Oceans and Fisheries, and restitution of contributions
    • Advised with research institutes, university and university-industry cooperatives, etc. regarding joint management of student labor costs, misconduct in research, technology fee collection and use, and international joint research agreements and represented lawsuits
    • Advised on joint cross-border R&D projects for Korea Institute for Advancement of Technology, and Korea-Israel Industrial R&D Foundation, Korea Institute of Energy Research, etc.
    • Advised and represented a research institute for objection and countermeasures against R&D evaluation result
    • Performed in a criminal lawsuit and advised on countermeasures against embezzlement of R&D fees
    • Advised on the collection and use of technical fees related to defense R&D
    • Enacted and revised the Industrial Technology Innovation Promotion Act, Regulations on Management of National R&D Projects, Small Business Innovation Research Act, and other R&D related laws, regulations, and forms
    • Supported for revision of the Industrial Technology Innovation Promotion Act to establish a sanctions and penalty system
    • Advised on improvement of the technical fee system, and sanctions including restriction on participation
    • Provided legislative services for improvement of national R&D project system, including the research on reorganization of laws/regulations and systems relating to Ministry of Knowledge Economy’s R&D projects, and the research on (draft) laws and regulations for supporting manufacture-based technology of small and medium businesses
    • Participated as joint research supervisor in the research on systematization of environmental technology development projects, and preparation of effective management plan and prepared guideline and contract related to environment R&D project
    • Consulted on collection of technology charges for local industry support projects and drafted standard ordinances
    • Performed case analysis and research service for setting up sanctions guidelines
    • Revised overseas ODA project operation guidelines and established management guidelines for supporting emergency response area
    • Prepared the Korea Content Industry Investment Manual for Korea Creative Content Agency
    • Responded to regulatory oversight bodies such as Board of Audit and Inspection on the implementation and management of national R&D projects
    • Advised on joint research, execution of license agreements, and establishment of joint ventures between domestic university research institutes, and domestic/overseas pharmaceutical companies in the health care/biomedical industry
    • Advised on the preparation of a joint technical venture agreement between a domestic company and a foreign company in the mechanical equipment industry, evaluation of patent rights, and ensuing consultation on sales
    • Advised on performance and inspection of technical services by a domestic software company
    • Advised on establishment of pledge over domestic movables, and issuance of overseas bonds for solicitation of foreign capital by a domestic equipment manufacturer
    • Advised on technical infringement by a domestic company in the Internet/communications/game industry