New Models for Technology Transfer Contracts
With regard to the protection of results using Patents or Utility Models, Technology Transfer plays a very important role in the whole R&D+I process. Its aim is usually to obtain commercial results from R&D+I knowledge, so the contractual relations established have to take into account the special characteristics of the knowledge transfer because, once this has taken place, it is very difficult to return to the initial state.
For this reason, whoever passes on the information or knowledge must take every precaution to prevent complicated situations from arising in the future. Contracts covering Technology Transfer must therefore be drawn up carefully to take into account any possible legal and/or economic consequences.
Since Spanish universities, public research bodies and small and medium enterprises need to have model contracts of this type, in 2015 a multidisciplinary working group was set up, coordinated by the Spanish Patent and Trademark Office (SPTO), to draft the various types of contract.
This working group is made up of representatives of the Spanish Higher National Council for Scientific Research (CSIC), LES Spain and Portugal (LES), the Spanish Ministry for the Economy and Competitiveness (MINECO), the Spanish Patent and Trademark Office and the World Intellectual Property Organisation (WIPO).
The first Contract models to be published were those for Confidentiality and Transfer of Material. There are now models for Patent and Utility Model Licence Contracts, of two types – for Public Entities and Company, and for Companies.
These models can be accessed from the Technology Transfer section on the SPTO website in both Spanish and English.
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