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. c) the transfer of the right to own the technology or the right to use the technology. This regulation does not apply to licensing agreements concluded under research and development agreements within the scope of Regulation (EU) No. 1217/2010 or Specialisation Agreements under Regulation (EU) No. 1218/2010. Within 90 days of the signing of the technology transfer contract, the party required to register the technology transfer contract submits an application to MoST for a technology transfer certificate. Within 05 business days of receipt of the application, moST reviews and issues the certificate of registration of the technology transfer contract or requires that irregularities (if any) be completed and added with written reasons. Technology transfer agreements beyond these market share thresholds cannot be considered to fall within the scope of Article 101, paragraph 1, of the Treaty. For example, exclusive licensing agreements between non-competing companies often fall outside the scope of Article 101, paragraph 1.
Nor can it be considered that technology transfer agreements within the scope of Article 101, paragraph 1, do not meet the exemption requirements beyond these market share thresholds. However, they cannot be considered to generally provide objective benefits of a large nature and size to compensate for the disadvantages they cause for competition. The rest of this article deals with the issues that a lawyer should address when confronted with a client — whether it is a researcher, a university or a commercial organization involved in a technology transfer agreement. 2. The exemption in paragraph 1 applies to the extent that technology transfer agreements contain competition restrictions within the scope of Article 101, paragraph 1, of the Treaty. The exemption applies as long as the technological rights granted have not expired, are not cancelled or cancelled, or, in the case of know-how, as long as the know-how remains secret. However, if the know-how is made public by the intervention of the licensee, the exemption applies during the duration of the contract. According to the National Center for Socio-economic Information and Forecast – Ministry of Planning and Investment (NCIF), the practice of transferring know-how and technical assistance, the theme of industrial property rights has little entered and implemented.
As the Ministry of Science and Technology (MoST) reported: from 2007 to 2014, only 187 technology transfer contracts were registered in localities, including 137 for technological processes (73%), 140 technological expertise (75%), 145 technical assistance (77.5%), 134 for training and operations (71.5%).