The activities of the parties are likely to advance the science already discovered, and the technology transfer agreement will need to look at who will retain the rights to any technology that comes out of progress. 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 relations between the holder of the exclusive rights or the supplier of know-how, known as a “seller”, and the person or legal person who acquires these rights or obtains that authorization or know-how. which is called a “transfer taker.” 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. c) the transfer of the right to own the technology or the right to use the technology.
In the recitals, be careful that, if it is not certain that a party has all the transferred rights, this property will not be permanently declared. The term “Part A owns all the patents” may be considered as a representation by Part A or as an admission of Part B if, in fact, neither party intended to obtain such a commitment or authorization. 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 . With the exception of the national technology transfer contract (with the exception of state-transferred technology) which is not to be registered, all technology transfer contracts, including technology transfer contracts excluded from the transfer, only come into effect once the technology transfer certificate or technology transfer licence is issued.8 e) A certified copy compliant with the written authorization of the competent authority. which are applicable to technologies transferred using the state budget. The payment of the grant may be a lump sum, or on the basis of sales, production or other measurable aspects of the transaction. Universities often receive advances that are then applied against an outstanding fee. Royalties vary depending on the effectiveness of the invention, the proposed market, the width of use allowed and any other part of the agreement. There is no “set” or “usual” rate. Compensation may also take the form of shares issued at the time of the transaction or stock options.
Payment rules should also take into account the person who pays the underlying inventor and the person who pays the current taxes for registering the patent and maintaining the registration. One of the conditions you have to meet is the price of technology transfer. As a general rule, prices in technology transfer contracts are agreed upon by the parties in order to avoid transfer 9 prices, which result in both tax losses and an unhealthy competitive environment, the law requires that the price of the transferred technology be verified and, in three cases, comply with applicable tax and price laws. (a) the technology is transferred between parties in which at least one party has public capital; b) the technology is transferred to parties who have a parent-subsidiary relationship; (c) Technology is transferred among parties who have an affiliate relationship, as required by tax laws.10 A tec transfer agreement