Main tasks and practical skills:
- Technology transfer is to transfer an object, a special asset, which comprises industrial property objects accompanied with equipment, technical services, training provided to technician, providing information on transferred technology. Technology transfer is also transferring of industrial property right and associated components to ensure that such industrial property right is a precisely new technology.
- Technology transfer contract must be generally compliant with laws and regulations on contract. In addition, technology transfer contract has the following specific characters:
- Technology transfer contract must be registered with competent State agency. Therefore, this contract has different conditions on format and effective date in comparison with ordinary contracts.
- Technology transfer contract is a time-limit contract (in accordance with Article 810 Civil Code 1995, the term of technology transfer contract shall not exceed 7 years since the effective date) and its term may be extended (not exceed 10 years according to Article 810 Civil Code)
- Technology transfer contract comprises agreements and consents on the scope and level of keeping technology secret; training related to technology to be transferred; mutual obligation on cooperation and information, etc.
- Dispute on technology transfer contract may be raised in connection with third party. In this case, the owner of industrial property right is obligated to protect lawful rights and interests of transferee.
- Another significant point is transferee shall have the right to develop the transferred technology without any notice to transferor.
- There are specific regulations for each kind of industrial property right to be transferred. Therefore, the Judges have to take into account such specific regulations corresponding to each kind of contracts.
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