Licensing of Technologies PPT PDF

Summary

This presentation discusses technology licensing agreements, covering their definitions, importance, and types like exclusive, non-exclusive, and sole licenses. It also explains concepts of assignments, collaborative research agreements, material transfer agreements (MTAs), and the key elements within each.

Full Transcript

Licensing of technologies Dr. Raji Vasudevan Namboodiri Assistant Professor & Head i/c Centre for IPR technology Management and Trade License Technology Transfer Licensing Agreements Definition: Legal agreements that allow the transfer of r...

Licensing of technologies Dr. Raji Vasudevan Namboodiri Assistant Professor & Head i/c Centre for IPR technology Management and Trade License Technology Transfer Licensing Agreements Definition: Legal agreements that allow the transfer of rights to use, produce, or commercialize a technology. Importance: Facilitates innovation exchange between universities, companies, and governments. Types of Licensing Agreements Exclusive License: Sole rights to one licensee. Non-Exclusive License: Rights granted to multiple licensees. Sole License: Licensee gets sole rights, but the licensor can still use it. Cross-Licensing: Exchange of rights between two parties. Sub-License: Licensee can grant further licenses to third parties. Exclusive vs. Non-Exclusive License Exclusive: Single licensee, no competition. Non-Exclusive: Multiple licensees, shared rights. Assignments of Intellectual Property Rights Definition: Permanent transfer of ownership of IP (patent, trademark, copyright, trade secrets) from assignor to assignee. Key Elements: Full ownership transfer with no rights retained by the assignor. What Can Be Assigned? Examples: Patents, trademarks, copyrights, trade secrets, pending applications. Contract Details: Must accurately identify the subject matter (granted patents, provisional applications, etc.). Collaborative Research Agreements Definition: Agreements between two or more parties to collaborate in developing and potentially commercializing new technology. Purpose: Pool resources, skills, and IP to achieve shared goals. Assignment vs. Licensing Assignment: – Permanent transfer of ownership. – No rights retained by assignor. Licensing: – Temporary transfer of rights. – Licensor retains ownership; can continue to use or license the IP in other fields. – Licenses can be terminated, unlike assignments. Key Elements of Collaboration Resource Investment: Human, physical, financial assets, and background IP. Shared Objectives: Jointly define research goals and legal framework. IP Ownership: Outline rights and access to intellectual property. Benefits, Risks & Commercialization Benefit and Risk Sharing: Agreed mechanisms for sharing profits and risks. Commercialization Rights: Terms for exploiting research results, including market access. Applications Academic Collaborations: Often used in university research grants. University-Industry Joint Projects: Common in PhD projects and industry-driven research Material Transfer Agreements (MTAs) Definition: Agreements governing the transfer of physical assets and tangible research materials for research purposes. Purpose: Allow recipients to use materials provided by the supplier for their own research. Types of Transferred Materials Examples:Patented materials: Transferred through a license. Biological materials: e.g., cell lines, DNA. Germplasm: Transferred by the National Bureau of Plant Genetic Resources (NBPGR) for agricultural research. Chemical compounds: Substances used in pharmaceutical research. Software: Programs or algorithms used in data analysis. Key Elements of MTAs Rights and Obligations: Defines the parties' responsibilities regarding: – Use of materials. – Derivative materials. – Research results. Intellectual Property: Specifies ownership of any new IP generated from the use of the materials.

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