Sin categoría

What Is A Technology Transfer Agreement

The legal relationship between the beneficiary of the inheritance and the purchaser is essentially contractual in nature, which means that the licensor of the technology consents to the transfer and the acquirer consents to the acquisition of the rights, authorisation or know-how in question. There are different methods and legal agreements by which technology can be transferred or acquired, for example. B by selling or assigning intellectual property rights or a license agreement. Although there has recently been an increase in technology and the protection of intellectual property rights, making technology transfer agreements more common, the concept of technology transfer is not new. Technology transfer between universities and industry has existed in the United States since at least the 1920s, when some universities commercialized their discoveries. Technology transfers became interesting in the late 1940s, when the Manhattan Project proved the value of academic research for national defense. An influential 1945 report to the president entitled “Science – The Endless Frontier” took the position that academic research could be used as a catalyst for economic expansion by increasing the amount of technology available to industry. The concession clause should clearly describe the intellectual property rights to be transferred. Every patent, copyright, trade secret and trademark must be processed.

They can be granted in different ways or all in the same way. The section should determine whether each aspect of intellectual property is assigned or licensed. whether the grant is exclusive or not (for licences); the geographical areas covered; and whether there are limits to the type or amount of use the fellow can make. The sale and purchase of exclusive rights to a patented technology or the authorization to use a particular technology or know-how is carried out through legal relations between the owner of the exclusive rights or the provider of the know-how, the so-called “seller”, and the natural or legal person who acquires such rights or authorization or receives such know-how. called the “assigned”. As in any agreement, the parties to a technology transfer agreement have different views on what makes an agreement advantageous to them. The university or inventor would prefer to retain ownership of the discovery, license the rights to use the discovery, and provide the user with information and technical support (for a fee). Conversely, the developer/user would prefer that the title of the invention be attributed to him (without a license), with at least technical support (or at least a minimum royalty). Any agreement must also take into account the international nature of the proposed use. In the United States, a patent can be filed within one year of the first disclosure; in other countries, however, the intellectual property right is usually lost if the disclosure is made before the patent application in that country.