a technology rights licensing agreement between two companies for the manufacture of contract products by the licensee and/or its subcontractor, some of the many ways to obtain technology transfer are, either in and out of a combination: the main means of assigning rights to discovery is a « technology transfer ». While a technology transfer agreement may relate to any type of license or transfer of intellectual property between the parties, technology transfer agreements are known as — and this article — the type of agreement by which a university grants research rights to a commercial enterprise. These agreements are the roadmap on how the discovery was put on the market by the laboratory. Competing companies in the market in question where technology rights are granted; In other words, companies that grant competing technology rights (effective competitors in the relevant market) limit market access to potential takers, for example. B by the cumulative effect of parallel networks of similar restrictive competition agreements that prohibit licensees from licensing other takers, or because the only technology holder who would grant relevant technology rights enters into an exclusive license with a licensee who already operates in the product market. limiting the licensee`s ability to use its own technological rights or limiting the ability of one of the parties to carry out research and development activities, unless such restriction is necessary to prevent the transfer of the know-how granted to third parties. (1) In accordance with Article 1 bis of Regulation (EC) 19/65/ECE, the Commission may, by regulation, declare that if parallel networks of similar technology transfer agreements cover more than 50% of a market in question, this regulation does not apply to technology transfer agreements that have specific restrictions on that market. 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. A technology transfer agreement is like any other IP transfer or license, but has a turning point. A « regular » assignment or license of a patent, copyright, business secret or trademark generally takes into account only the parties. However, technology transfer must recognize external interests. If the federal government funds research, which is a very common practice — the government must retain a licence to use the technology.
Similarly, when a university exploits intellectual property, it must take into account the rights of the researcher and others at the university, as they are governed by a policy that the university probably has for all inventions and discoveries. The regulation provides for an exception as a presumption. It is considered that a technology transfer contract within the scope of the Regulation meets the above exceptional conditions and is therefore permissible and applicable. In particular, the agreement may continue to be authorized if the conditions are not met. However, an individual assessment is required to determine whether section 101, paragraph 3, can be invoked. With respect to technology transfer agreements between competitors, it can be considered that if the common market share invoked by the parties does not exceed 20% and the agreements do not contain certain highly anti-competitive restrictions, they generally result in improved production or distribution and allow consumers to have an appropriate share of the benefits that result from them. The fellow will always want to make as few assurances and guarantees as possible about the efficiency and ownership of the technology.