The technology transfer contract is probably the highest and most complex form of commercialization of intellectual property rights, because technology transfer is a general concept with a broad connotation that can include technical solution, process, know-how without or with support, the tool used to turn resources into products 1 . Competing firms in the relevant market where technology rights are granted, i.e. companies that grant competing technology rights (effective competitors in the relevant market), (a) the technology transfer application form, which clearly defines the responsibilities of the parties, consists of ensuring the content of technology transfer contracts in accordance with the relevant laws (in the form adopted by the MoST). Technology transfer can be essential for your business, but it`s a complex process with special considerations. The role of a technology transfer lawyer goes far beyond preparing an effective technology transfer contract. To best protect your rights and the future of your business, contact an experienced lawyer from KPPB LAW as soon as possible before starting negotiations. The dissemination of technology transfer agreements in conjunction with the regional concentration of research institutes and research universities in the state makes it increasingly likely that Maryland practitioners will come into contact with these agreements. By becoming familiar with the specific issues of tech transfer agreements, a practitioner can move a client beyond the rank of amateur and can be considered an Olympic class lawyer, who is apparently “Citius, Altus, Fortius” as the opponent. Despite these constraints, Bayh-Dole was generally considered a success. The legislation encouraged a significant transfer of technology from universities to the public by the private sector, which generated a net benefit to the public. A technology transfer contract application includes: “exclusive customer group” a group of customers to whom only a party to the technology transfer contract is authorized to actively sell contract products manufactured with the technology conceded.
Market access for potential licensees is restricted, for example. B by the cumulative effect of parallel networks of similar restrictive agreements that prohibit licensees from licensing to other licensees, 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 on the basis of substitutable technology rights. The main reason for the current wave of “discovery civilization” was the 1980 Patent and Trademark Act, or Bayh-Dole Act, which allowed the transfer of technology between researchers and commercial institutions. The premise of this legislation is that inventions created with federal funds should be licensed in such a way as to promote their commercial development for the general good. The law achieves this goal in the first place by allowing parties that develop federally funded technologies to retain patents in this research, while within the government they retain the right to use the invention. This regulation should apply only to agreements where the donor allows the licensee and/or one of its subcontractors to use the technological rights granted for the production of goods or services, possibly after further studies and developments by the taker and/or its subcontractors.