Overview Of Contractual Agreements For The Transfer Of Technology
3 3. The secret to the success of technology transfer agreements is that each party perceives the other as a partner in a successful cooperation process. 11. In many circumstances, strategic alliances between companies can include a technology transfer agreement and are generally useful in enabling a company to achieve its objectives while maintaining the flexibility to adapt quickly to technological developments. Well-constructed strategic alliances help partners pool know-how, open new markets, share financial risks and bring products and services to market more quickly. Strategic alliances can be difficult. Partnerships promote mutual benefits, but alliances exist only as long as they are beneficial to both parties. But in recent years, the concept of gaining a market advantage by partnering with another company whose products or services correspond well to its own is taken up by more and more companies. In many situations, a strategic alliance can be a pre-election, that is, a kind of experimental phase before engagement, with a longer-term relationship of a joint venture or a possible merger or acquisition. However, in each of these situations, both parties must appropriately address intellectual property issues in order to preserve their respective interests. 12. Major Technology Transfer Agreements 12.
The legal relationship between the purchaser and the purchaser is essentially contractual in nature, i.e. the transferor of the technology accepts the transmission and acquisition of the rights concerned, the authorization or the know-how. There are different legal methods and regulations by which technology can be transferred or acquired, and the following table briefly outlines the main methods. 1. Sale or transfer of IP rights 13. The first legal method is the sale of all its exclusive rights to an invention patented by the owner or its exclusive rights, for example. B on a patented invention, and the acquisition of those rights by another person or corporation. If the owner transfers all the exclusive rights of a patented invention to another person or corporation without any temporal or other conditions, it is indicated that these rights have been surrendered. Similar principles and characteristics apply to the transfer of other industrial property (e.g. B, trademarks and commercial designs) and copyright. 2. Licensing or licensing contract 14.
The second legal procedure is a licence, that is, the authorisation by the holder of a patented invention to another person or legal person to carry out in the country and during the duration of the patent rights one or more actions under exclusive rights over the patented invention in that country. If this authorization has been granted, a licence has been granted. It should be remembered that these acts are the manufacture or use of a product including the invention, the manufacture of products by a process including the invention or use of the process that includes the invention. 15. As a general rule, the certificate is issued under certain conditions indicated in the written document by which the licence is issued to the licensee. The licensee will obviously be one of the conditions relating to the payment money or any other consideration in return for the licence that is granted. Another condition may be that the invention be used by the licensee only for the manufacture of products for specific use, as stated by the National Center for Socio-Economic Information and Forecast – Ministry of Planning and Investment (NCIF), the practice of transferring technical know-how and assistance, subject to industrial property rights and little implementation. As the Ministry of Science and Technology (MoST) reported: from 2007 to 2014, only 187 technology transfer contracts were registered in localities, including 137 for technological processes (73%), 140 technological expertise (75%), 145 technical assistance (77.5%), 134 for training and operations (71.5%).