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. Any agreement must also take into account the international nature of the proposed use. In the United States, a patent can be filed within one year of the first revelation; However, in other countries, the right to protection is generally lost when disclosure is made in that country before the patent is filed. Competition can also be given serious discussion and the parties should define how they wish, if any, to limit the rights of either party to deal with third parties with similar technologies. Technology plays an important and growing role in the business world, even in sectors that, at first glance, do not seem to feel that they are technology-based.
Technology ranges from the efficiency of production and the type of services offered to customers to the management systems and marketing efficiency of a company. Access to the right technology transfer agreements can be the key to an organization`s competitiveness in the modern business world and relevant technologies are constantly evolving. Although technology and intellectual property rights protection have recently increased sharply and technology transfer agreements are commonplace, the concept of technology transfer is not new. Technology transfer between universities and industry has existed in the United States since at least the 1920s, when some universities were marketing their discoveries. Technology transfers became interesting in the late 1940s, when the Manhattan Project demonstrated the value of university research for national defense. An influential 1945 report to the President, “Science — The Endless Frontier,” argued that university research could serve as a catalyst for economic expansion by increasing the amount of technology available to industry. All technology transfer agreements that lead to an abuse of market position by imposing conditions other than those essential to the protection of these intellectual property rights are considered anti-competitive. The following cases of technology transfer agreements can be classified as anti-competitive, such as. B: (1) Patent Pooling, which brings together two or more companies and crosses technology that relates to a given technology, in order to prevent others from acquiring it. (2) Linking a product with another patented product in agreements, so that the purchaser must also receive the other product from the patent holder. (3) Prohibition for the taker to use the technology of competing companies.
(4) The licensee prohibits questioning the validity of intellectual property rights. (5) Prices imposed on the licensee for the sale of the licensed product, etc. These clauses, imposed by the ipy holder or licensee in technology transfer agreements, are classified as anti-competitive for the market and are therefore non-applicable2.