Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Technology transactions law covers the legal rules and practices that apply when technology is created, bought, sold, licensed, developed, transferred or otherwise commercialized. In Seongnam-si, a key technology and business hub in Gyeonggi Province, technology transactions commonly involve software development, IT services, hardware supply, research and development collaborations, licensing of patents and copyrights, trade-secret transfers, and data-related services. Parties in Seongnam-si include start-ups, SMEs, large enterprises, research institutes and public organizations. Transactions are governed primarily by national Korean law, but local business practices and the city and provincial support programs also influence how deals are structured and executed.
Technology transactions can be legally and commercially complex. You may need a lawyer in the following situations:
- Drafting and negotiating agreements: Lawyers help prepare clear technology transfer agreements, software-development and maintenance contracts, licensing agreements, joint-development agreements, and non-disclosure agreements to allocate risks, responsibilities and payment terms.
- Protecting intellectual property: A lawyer identifies which rights to register or maintain, advises on assignment versus license structures, and helps draft clauses that protect patents, copyrights, trade secrets and know-how.
- Compliance and regulatory issues: Lawyers advise on personal data protection, cross-border data transfers, consumer protection, electronic commerce rules and any sector-specific regulation such as fintech, medical devices or telecommunications.
- Open-source and third-party code: Legal review is critical to ensure open-source license obligations are met and to prevent unwanted exposure of proprietary code.
- Mergers, acquisitions and investments: During due diligence and deal structuring, lawyers assess IP ownership, licensing encumbrances, employment-related IP issues and potential liabilities.
- Disputes and enforcement: When breaches, IP infringements or contract disputes arise, lawyers provide options for negotiation, mediation, arbitration or court proceedings.
- Export control and security: Lawyers help evaluate whether technology is subject to export restrictions or national security review, especially for cryptography, defense-related technologies and dual-use items.
Technology transactions in Seongnam-si are primarily governed by national laws of the Republic of Korea. The following legal areas are most relevant:
- Contract Law: The Civil Act governs contract formation, interpretation and remedies. Parties are free to negotiate terms but mandatory provisions and public-order rules apply.
- Intellectual Property Law: The Patent Act, Copyright Act and the Unfair Competition Prevention and Trade Secret Protection Act regulate patents, software and databases, copyrights, trade secrets and unfair competition. Proper registration and documentation are essential for enforcement.
- Personal Data Protection: The Personal Information Protection Act sets out obligations for collecting, processing and transferring personal data. The Network Act and sectoral rules add obligations for service providers. Consent, security measures and breach notification are key elements.
- Technology Transactions Frameworks: Korea encourages R&D commercialization through specific frameworks and guidance that affect government-funded projects and university technology transfer. Contracts tied to public R&D often include special reporting, royalty and use restrictions.
- Electronic Transactions and Signatures: The Electronic Signature Act and e-commerce related rules govern validity of electronic contracts and signatures. Digital contracts are generally enforceable when statutory requirements are met.
- Competition and Antitrust: The Monopoly Regulation and Fair Trade Act regulates anti-competitive behavior and may affect licensing practices, exclusivity terms and standard-essential patent licensing obligations.
- Employment and Contractor Issues: Korean labor law and employee invention rules under company policies affect ownership of inventions created by employees. Contractor and consultant agreements should clearly define ownership and confidentiality.
- Export Controls and National Security: Certain technologies are subject to export controls and review by the Ministry of Trade, Industry and Energy or other authorities. Parties should assess classification and licensing needs for cross-border transfers.
Key elements include scope of work, deliverables and acceptance criteria, ownership or licensing of the developed software, payment milestones, warranty and liability limits, maintenance and support terms, confidentiality and data protection clauses, IP indemnities, and termination conditions. Specify formats, source-code escrow if applicable, and acceptance testing procedures to reduce disputes.
Use well-drafted non-disclosure agreements, implement internal access controls, record and label confidential information, limit disclosures to a need-to-know basis, require contractors and employees to sign confidentiality clauses, and document steps taken to maintain secrecy so you can demonstrate reasonable measures if enforcement is needed under the Unfair Competition Prevention and Trade Secret Protection Act.
Ownership depends on employment contracts, company policies, and applicable statutory rules. Under Korean practice, employers commonly claim ownership of inventions created by employees within the scope of their duties, but there may be requirements for notification and compensation. For contractors, ownership should be clearly assigned in a written agreement to avoid ambiguity.
Copyright protection arises automatically upon creation and does not require registration, but registration can provide evidentiary benefits in disputes. For patents, inventions must meet patentability requirements and be formally applied for at the Korean Intellectual Property Office. Databases may have both copyright and database-protection aspects depending on originality and investment involved.
Identify all open-source components and their licenses, perform license-compatibility checks, ensure obligations such as attribution or source-release are met, and avoid mixing copyleft components in a way that forces disclosure of proprietary source code unless that result is acceptable. A license compliance policy and regular audits are recommended.
Licensing models include exclusive, non-exclusive, field- or territory-limited licenses, royalty-based payments, flat-fee or subscription models, and hybrid arrangements. Consider grant-back provisions, sublicensing rights, performance milestones and termination triggers when choosing a model.
If the transaction involves personal data collection, processing, storage or transfer, the Personal Information Protection Act requires lawful basis, transparent notices, data minimization, security safeguards and often separate consent for specific purposes. Cross-border transfers may require additional safeguards or approvals. Data processing agreements should allocate responsibilities between parties.
Key due-diligence tasks include reviewing IP ownership and registrations, contracts with employees and contractors, software licenses and third-party dependencies, outstanding litigation, regulatory compliance, data protection practices, security incidents history, escrow arrangements, and any encumbrances or liens. Confirm chain of title and document transfer mechanisms.
Parties often specify negotiation, mediation or arbitration clauses to resolve disputes efficiently. South Korea has arbitration institutions and courts with experience in tech disputes. Choose dispute resolution methods based on enforceability, confidentiality needs, speed and cost. Courts can be used when injunctions or criminal remedies for trade-secret theft are needed.
Include clear definitions of licensed IP, scope of use, royalty and payment terms, performance milestones, reporting obligations, publication and confidentiality rules, compliance with government funding conditions, and provisions for improvements and follow-on inventions. Government-funded research may carry specific restrictions, so confirm applicable policies before finalizing terms.
For guidance and practical support, consider contacting or consulting the following types of organizations and bodies in Korea and the Seongnam region:
- Korea Intellectual Property Office for patent and trademark matters.
- Ministry of Science and ICT for R&D policy and technology commercialization programs.
- Korea Copyright Commission for software and copyright-related guidance.
- Personal data protection authorities for compliance guidance under the Personal Information Protection Act.
- Seongnam City and Gyeonggi Province business support centers for local R&D, funding and investment programs.
- Local chambers of commerce and industry associations for sector-specific information.
- Korean Bar Association and local bar associations for referrals to lawyers who specialize in technology, IP and commercial contracts.
- Universities and technology transfer offices in the region for model agreements and commercialization procedures.
If you need legal assistance with a technology transaction in Seongnam-si, consider the following practical next steps:
- Identify your objectives and risks: Clarify what you want to achieve legally and commercially and list the key risks you want to manage.
- Gather documentation: Collect existing contracts, IP registrations, source-code inventories, employee agreements, past correspondence and any regulatory approvals.
- Search for a specialist lawyer: Look for attorneys or law firms with documented experience in technology transactions, IP law and data protection. Check client references and recent matter experience.
- Prepare initial questions: Ask about the lawyer's approach to negotiation, dispute resolution, fees, likely timeline and language capabilities if you require bilingual support.
- Request engagement terms: Obtain a written engagement letter that defines scope of work, fees, confidentiality and deliverables.
- Consider confidentiality: Use mutual non-disclosure agreements when discussing sensitive technical or commercial information during preliminary negotiations.
- Budget and timeline: Agree on budget expectations and milestones so you can manage costs and decision timelines effectively.
- Use alternative dispute resolution clauses: Consider mediation or arbitration clauses where appropriate to save time and preserve commercial relationships.
Getting specialist legal advice early can reduce risk and increase the value of your technology transaction. If you are unsure where to start, contact a qualified Seoul or Gyeonggi Province technology transactions lawyer who can guide you based on the specific facts of your case.
