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Technology Transfer License Agreement

Technology Transfer License Agreement Template for India

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Key Requirements PROMPT example:

Technology Transfer License Agreement

"I need a Technology Transfer License Agreement for licensing our proprietary semiconductor manufacturing process to a company in Mumbai, with exclusive rights for the Indian market and including provisions for technical training and ongoing support services."

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Document background
The Technology Transfer License Agreement is a crucial legal instrument used when one party (licensor) wishes to transfer or license technology, intellectual property rights, or technical know-how to another party (licensee) in India. This document is essential for organizations engaging in technology commercialization, research collaboration, or industrial implementation of new technologies. It ensures compliance with Indian legal requirements including the Patents Act 1970, FEMA regulations, and Competition Act 2002. The agreement is particularly relevant in scenarios involving cross-border technology transfers, research institution-industry collaborations, or commercial deployment of innovative technologies. It provides a comprehensive framework covering technical specifications, implementation procedures, payment terms, and ongoing support arrangements while protecting both parties' interests under Indian jurisdiction.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal names and addresses

2. Background: Context of the agreement, overview of the technology, and parties' intentions

3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement

4. Grant of License: Scope of the license, territory, exclusivity/non-exclusivity, and field of use

5. Technology Transfer Process: Details of how the technology will be transferred, including timeline and delivery methods

6. Technical Assistance and Support: Terms regarding training, technical support, and implementation assistance

7. License Fees and Royalties: Payment terms, royalty calculations, and payment schedules

8. Intellectual Property Rights: Ownership of IP, improvements, and derivative works

9. Confidentiality: Protection of confidential information and trade secrets

10. Warranties and Representations: Warranties regarding technology ownership, performance, and non-infringement

11. Term and Termination: Duration of agreement and termination conditions

12. Post-Termination Obligations: Rights and obligations that survive termination

13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction details

Optional Sections

1. Export Control: Include when technology transfer involves cross-border elements or restricted technologies

2. Source Code Escrow: Required when software source code is involved and needs to be held in escrow

3. Quality Control: Include when licensed technology requires specific quality standards to be maintained

4. Sub-licensing Rights: Include when licensee is permitted to sub-license the technology

5. Performance Obligations: Include specific performance metrics or minimum usage requirements

6. Competition Compliance: Include specific provisions ensuring compliance with Indian competition laws

7. Insurance: Include when specific insurance coverage is required for technology implementation

8. Government Approvals: Include when specific regulatory approvals are required for technology transfer

Suggested Schedules

1. Schedule A - Technical Specifications: Detailed technical specifications of the technology being transferred

2. Schedule B - Implementation Plan: Detailed timeline and milestones for technology transfer and implementation

3. Schedule C - Royalty Calculations: Detailed methodology for calculating royalties and other payments

4. Schedule D - Training Program: Details of training to be provided, including duration and scope

5. Schedule E - Support Services: Specifications of ongoing technical support and maintenance services

6. Schedule F - Quality Standards: Required quality standards and testing procedures

7. Appendix 1 - Patent List: List of patents and patent applications covered by the agreement

8. Appendix 2 - Documentation: List of technical documentation to be provided

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Affiliate
Background IP
Confidential Information
Documentation
Effective Date
Field of Use
Foreground IP
Gross Sales
Improvements
Intellectual Property Rights
Know-How
Licensed Products
Licensed Technology
Net Sales
Patents
Permitted Purpose
Royalty
Specifications
Technical Assistance
Technical Information
Technology
Technology Package
Term
Territory
Trade Secrets
Training Period
Working Day
Implementation Phase
Quality Standards
Regulatory Approvals
Source Code
Support Services
Technical Documentation
Transfer Process
Use Rights
Value Added Tax
Withholding Tax
Commercial Production
Derivative Works
Clauses
Grant of License
Intellectual Property Rights
Technology Transfer
Technical Support
Confidentiality
Payment and Royalties
Warranties and Representations
Term and Termination
Quality Control
Training and Implementation
Export Control
Non-Competition
Assignment and Sub-licensing
Dispute Resolution
Force Majeure
Indemnification
Insurance
Compliance with Laws
Audit Rights
Improvements
Documentation
Performance Standards
Technical Specifications
Regulatory Compliance
Liability Limitation
Governing Law
Severability
Entire Agreement
Amendment
Notices
Survival
Escrow
Data Protection
Foreign Exchange Compliance
Relevant Industries

Information Technology

Manufacturing

Pharmaceuticals

Biotechnology

Automotive

Aerospace

Electronics

Telecommunications

Chemical Industry

Clean Technology

Healthcare Technology

Agricultural Technology

Industrial Automation

Software Development

Research and Development

Relevant Teams

Legal

Research and Development

Intellectual Property

Technology Transfer

Business Development

Technical Operations

Compliance

Innovation

Commercial

Engineering

Product Development

Relevant Roles

Chief Technology Officer

Head of Research and Development

Intellectual Property Manager

Legal Counsel

Technology Transfer Officer

Innovation Director

Licensing Manager

Patent Attorney

Business Development Manager

Technical Director

Chief Legal Officer

Research Director

Commercial Director

Technology Commercialization Manager

Compliance Officer

Industries
Patents Act, 1970: Governs patent rights and protection in India, crucial for technology transfer agreements involving patented technologies
Indian Contract Act, 1872: Provides the fundamental legal framework for all contractual agreements in India, including licensing agreements
Competition Act, 2002: Ensures that technology transfer agreements don't contain anti-competitive clauses and maintain fair market practices
Foreign Exchange Management Act (FEMA), 1999: Regulates foreign exchange transactions and cross-border technology transfer payments
Income Tax Act, 1961: Governs taxation aspects of technology transfer payments, including withholding tax on royalties and technical service fees
Information Technology Act, 2000: Relevant for technology transfers involving software and digital technologies
Protection and Utilisation of Public Funded Intellectual Property Bill (if applicable): Relevant if the technology transfer involves publicly funded research or institutions
Trade Secrets Protection (Common Law): While India doesn't have specific trade secret legislation, common law principles protect confidential information in technology transfer
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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