Technology Transfer Agreements

Although a licensing agreement is a form of technology transfer agreement, technology may be transferred by agreements other than licenses. For example, technology may be transferred by Cooperative Research and Development Agreements (CRADAs), by Commercial Service Agreements (CSAs), by contracts such as an engineering contract, a management contract, a technical assistance agreement or by business acquisitions such as direct foreign investment, wholly foreign owned subsidiary or by joint ventures.

Technology transfer agreements are typically considered “high risk” contracts. This is because the contracting parties are free to shape the contracts as they wish resulting in a relatively small amount of regulation governing these transactions. As such, it is recommended that you seek the advice of an attorney competent in your area of business before entering into these types of agreements.