The transfer of technology is an efficient and cost-effective solution as long as the terms of the contract are objective and balanced. Brandon Valorisation, an expert in this area, can assist you in these complex processes.
Main aspects to take into account when considering technology transfer:
Legal aspects
- A technology transfer must be based on a licensing agreement drawn up by an intellectual property attorney who will be able to make it a balanced and non-interpretable document.
- The ownership of existing intellectual property rights, patents, software, know-how, etc., resulting from the technology transfer must be mentioned in the contract.
Technical aspects
The technology transfer agreement must stipulate that the licensor undertakes to provide the technical assistance and training support necessary for a successful technology transfer.
Financial aspects
A technology transfer agreement includes financial terms; common practices include:
- A lump sum, as an upfront fee;
- The terms of remuneration for the technical assistance provided by the licensor;
- The licence royalty rate (generally mentioned in the license agreement)
In certain cases, other modalities may be negotiated between the Parties.
Strategic aspects
A technology transfer agreement must determine the steps and specific development milestones until the product or technology is marketed. In some cases, it is necessary to take into account the regulatory constraints applicable to the product.
Partnerships
In some cases, it may be necessary to establish one or more technical or industrial partnerships if they are useful for the successful design of the transferred product. It is then by mutual agreement between the Parties that the partner must be chosen.
Risks
A good technology transfer agreement must fully consider and assess, both technically and financially, the risks associated with the project.
This is why, with our partner Brandon IP, patent & trademark attorneys, we recommend calling on an experienced Counsel who can assist you in carrying out a balanced and profitable technology transfer.
