What Is Technology Transfer Agreement

India`s Intellectual Property and Exploitation and Use Rights Act is contained in the Patents Act 1970 (“Patents Act”), the Trade Marks Act, 1999 (TM Act) and the Copyright Act 1957 (“Copyright Act”). The rules on the transfer of intellectual property rights are established by the Patent Act, the TM Act and the Copyright Act. The sale and purchase of the exclusive rights to a patented technology or the authorization to use a particular technology or know-how is done through legal relationships between the exclusive rights holder or the supplier of know-how, known as a “seller,” and the person or corporation that acquires or obtains that right or obtains that know-how, called “over-the-maker.” As in any agreement, the parties to a technology transfer agreement have different views on what an agreement makes beneficial to them. The university/inventor would prefer to retain ownership of the discovery, the license fees for the use of discovery and the provision of information and technical assistance (paying) to the user. Conversely, the developer/user would prefer to assign ownership of the invention (not conceded), with technical assistance at least (or at least a minimum fee). The law applies to all inventions that are either designed with a federal grant for part of the aid or are reduced to practice. Since most higher education technologies depend on some public support, the applicable higher education policy must be compatible with the Bayh-Dole Act. Whether you`re not sure what kind of transfer you have for your needs or simply need an agreement that reaches your goals and protects you from pitfalls and unintended consequences, experienced technology transfer lawyers in our firm can help. 1. Overview of contract technology transfer agreements, www.wipo.int/export/sites/www/sme/en/documents/pdf/technology_transfer.pdf (the last consultation took place on 20 February 2014) In recent years, several reports have reported an inappropriate influence on research studies conducted by business supporters in some studies. These include allegations ranging from pressure to report positive results to printing of test data falsification.

One company went so far as to sue for defamation against researchers who publish a report that adversely affects the company`s product under review. Some companies even structure technology transfer agreements to gain control over the publication of adverse study reports, allowing companies to postpone these publications. 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, for example. B by the sale or transfer of IP or license rights. Technology transfer is the process by which a technology, know-how or organization developed by an individual, company or organization is transferred to another person, company or organization. Technology transfer is the term used to describe the processes by which technological knowledge moves within or between organizations. Technology can be transferred from one country to another, from one industry to another, or from a research laboratory to an existing or new company.

Technology transfer leads to partners who pool their expertise to open new markets, market a new product or service, improve an existing product or process, and secure faster marketing of their products and services1.