If you hold patent or copyright shares in non-custom software and you retail the software on hardware media, a portion of the proceeds from your retail sales of the software may be excluded from your VAT revenues. Technology transfer agreements can be divided into vertical and horizontal technology transfers. Any agreement must focus on compensation and risk allocation. The risk of loss is always a thorny situation. The invention developed by a researcher often focuses on health or medicine. If the product works properly, everyone benefits. If the product does not work or does not work as intended, plaintiffs seek liability in the event of a potentially tragic accident. It`s no surprise that universities strive for adequate guarantees of protection, either through trust in the product, insurance, indemnification, product separation, or all of that. Avoiding the risk of loss is one of the reasons why the university might want to assign all rights beyond its control, so it is not possible to say that the university has a connection to a product that does not work later. The rest of this article discusses issues that a lawyer should address when confronted with a client – whether it`s a researcher, a university, or a business entity that`s participating in a technology transfer agreement. The spread of technology transfer agreements, combined with the regional concentration of public research institutes and research universities, makes it increasingly likely that Maryland practitioners will come into contact with these agreements. By becoming familiar with the issues that apply to tech transfer agreements, a practitioner can move a client beyond the rank of amateur and be seen as an Olympic-class lawyer who appears to be “Citius, Altus, Fortius” as the opponent.

The licensor will always want to give as little assurance and guarantees as possible about the effectiveness and ownership of the technology. The fellow will always want to have strong promises that the product will work as described and will not violate the rights of third parties. Good negotiations determine where this problem will be solved. The law applies to all inventions designed or reduced to practice using a federal grant for a portion of the funding. Since most university technologies depend on some public funding, current higher education policy must be in line with the Bayh-Dole Act. At the time the contracting parties discuss the nature of their activities relating to the contract, it is possible that each transaction is in one way or another part of the agreement in question. In order to avoid this contrast, the following should be included in a technology transfer agreement. . . .