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PLAYBOOK TEMPLATES
Technology Transfer Agreement
A Technology Transfer Agreement facilitates the sharing or commercialization of proprietary technology between parties. This playbook provides guidance on ownership rights, confidentiality, and obligations to support the transfer process.
Improvements and Derivatives
Negotiation strategy
Ensure that any improvements or derivatives you develop are clearly owned by you, with appropriate licensing rights granted to the licensor. Negotiate for compensation if your improvements significantly enhance the licensor's product.
Secure ownership of any improvements or derivatives created by the licensee, while granting them limited licensing rights. Consider offering incentives for significant enhancements to encourage innovation.
Essential elements
1
Ownership Rights
Defines who owns improvements.
2
Licensing Terms
Outlines rights granted to parties.
3
Compensation Structure
Details payment for enhancements.
Action framework
ACCEPT
Propose edits when ownership or licensing terms are unclear or unfavorable.
EDIT
Reject if the clause does not align with company policy on IP rights.
ADD
Add language if improvements and derivatives are not addressed.
PRO TIP
Always ensure that the terms regarding improvements and derivatives are clear to avoid future misunderstandings.
Real-world examples
FAVORABLE
Preferred Improvements Clause
"Any improvements or derivative works developed during the term of this agreement shall be owned by [Party A/Party B], with licensing rights granted to [other party] under the terms specified herein."
NEUTRAL
Joint Development Clause
"Improvements or derivative works developed jointly shall be owned equally by both parties, with shared licensing rights and revenue sharing as specified."
UNFAVORABLE
Unclear Ownership Clause
"Improvements made during the agreement may be used by either party without clear ownership rights."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, ensure that ownership and rights are clearly defined to mitigate potential disputes and financial losses.
Collaborative Ventures
For collaborative ventures, establish joint ownership and shared rights to foster cooperation and mutual benefit.
International Agreements
In international agreements, consider jurisdictional differences in IP laws to ensure compliance and protection of rights.
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