Drafting Intellectual Property Agreements

By this agreement, the owner of the intellectual property authorizes another person or company to use these rights of the technology developed by the owner for an amount agreed between the parties. It is a way to impart knowledge about technology. This helps small businesses grow, as they acquire such technology licenses from large companies for the production and promotion of a product. Many joint venture agreements concluded in the automotive sector in India included such agreements that allow the Indian company to access the technological know-how of its foreign partner and associate it with local business expertise in the Indian market. For example, Hero Honda (now finished), Maruti Suzuki, Mahindra – Renault, etc. are some examples. The situation in the Quanta case discussed above is an example of this. Typically, licensees for an invention pay a combination of prior and current royalties for the right to use the invention. If technology is a research tool and the technology market consists mainly of those who do research, a market price is calculated. However, in the case of research contracts, it is customary either not to charge these royalties or to determine them at a rate that compensates the technology provider for the expenses.

There are other cases where, normally, no fee is charged, for example. B where the licence is provided under an inter-licensing agreement or where the parties wish to conclude a contract for the provision of research know-how covered by existing research exceptions. Where payment is required, the amount of royalties depends on many factors, including the extent and nature of the license, the nature of the invention, and whether the researcher is sponsored by the private or public sector. In general, caution should be exercised when setting ex ante charges, in particular where such charges may constitute an obstacle to access. Intellectual property law is a legal branch that deals with the protection and enforcement of rights with respect to the creations, inventions, designs, musical pieces and artistic works of the creator or inventor. The purpose of these laws is to encourage people to develop creative works that help and benefit society by ensuring that the person developing an art, design, idea or technology can develop it without fear. In order to protect intellectual property rights, there are different types of contracts performed by the owner of the intellectual property. Some inventions in the field of biotechnology, such as genetic inventions and platform technology, tend to represent inventions upstream: these are inventions that are needed in a large number of environments and applications. The granting of exclusive or exclusive licenses for all applications (commonly referred to as fields of application, in-license agreements) for this type of invention is not recommended. Indeed, the Organisation for Economic Co-operation and Development (OECD) has recently published guidelines on good practice in the licensing of genetic inventions, which highlight the general preference for non-exclusive licences for genetic technologies5. .

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