콘텐츠 바로가기
로그인
컨텐츠

Category Open

Resources

tutorial

Collection of research papers and materials on development issues

home

Resources
Industry and Technology Science/Technology

Print

연구개발서비스업 활성화를 위한 표준계약서 개발 연구(Development of standard contract forms for R&D services)

Related Document
Frame of Image
  • 연구개발서비스업 활성화를 위한 표준계약서 개발 연구(Development of standard contract forms for R&D services)
  • Choi, Jisun; Park, Sookyung; Na, Jongkhab; Yang, Seongwoo; Park, Gyeongsun최지선; 박수경; 나종갑; 양승우; 박경순
  • 과학기술정책연구원


link
Title 연구개발서비스업 활성화를 위한 표준계약서 개발 연구(Development of standard contract forms for R&D services)
Similar Titles
Material Type Reports
Author(English)

Choi, Jisun; Park, Sookyung; Na, Jongkhab; Yang, Seongwoo; Park, Gyeongsun

Author(Korean)

최지선; 박수경; 나종갑; 양승우; 박경순

Publisher

서울:과학기술정책연구원

Date 2011-12
Series Title; No 정책연구 / 11-29
ISBN 978-89-6112-169-9
Pages 281
Subject Country South Korea(Asia and Pacific)
Language Korean
File Type Link
Subject Industry and Technology < Science/Technology
Holding 과학기술정책연구원

Abstract

This paper aims at developing standard contract forms for R&D services. R&D
services have been highlighted as a knowledge-intensive business service, which
could improve national industrial competitiveness by helping the innovative capabilities
of manufacturing as well as service firms. However, regardless of the government
effort, the growth of the industry has not been satisfactory. The standard form
contracts for R&D services is expected to help to improve the problems from the
inequality of bargaining power.
This research is differentiated from previous research from the point of
methodology. The previous research was based on reviewing diverse types of sample
contracts in relevant fields. In comparison, this research used several methodologies
of social sciences to reflect unique characteristics of R&D services where the demand
industries of R&D services and the types of R&D services are all diverse.
According to the process of the research, it first divided R&D services into five
groups based on the demand industries and R&D service types and made preliminary
standard contract forms. The focused group interviews were carried out to ask the
practical difficulties of making contracts and revise preliminary standard contract
forms. The results were given to the lawyers, who finalized the standard contract
forms. The standard contract forms were made with five types such as technology
development contracts, technology consulting contracts, materials testing and failure analysis contracts, technology transfer contracts, and technology investment contracts.
Later, the standard contract forms were distributed to 90 firms in R&D service industries
in the forms of questionnaires. The results were also reflected in the standard
contracts form.
The standard contract form emphasizes on reducing unjust business practices between
customers and suppliers. It is composed of common and differentiated
provisions. The common provisions include contract general terms and conditions,
employee management, warranty and fulfillment of contract, prices and payment, intellectual
property rights, premature contract termination and liability, disputes and
applicable law. Prices and payment and intellectual property are at the center of discussion
from the perspective of R&D services. The differentiated provisions include
the definition of terms and are particularly important in the contracts of technology
transfer and technology investment.
This standard contract forms will be distributed to R&D service firms after it is
authorized by the Adhesion Contract Examination Division of the Korean Fair Trade
Commission.