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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.
Scope of License
Negotiation strategy
Ensure the scope is clearly defined to protect IP rights and prevent unauthorized use. Specify territories and permitted activities to align with business objectives.
Negotiate for a broad scope to maximize use of the IP. Seek clarity on any restrictions to avoid future disputes.
Essential elements
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Territory
Geographical area of use.
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Permitted Activities
Allowed uses of the IP.
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Exclusivity
Rights to sole use or shared use.
Action framework
ACCEPT
Propose edits if the scope is too narrow or broad, ensuring alignment with strategic goals.
EDIT
Reject if the clause lacks clarity or imposes unreasonable restrictions.
ADD
Add language to specify territories, activities, and exclusivity if missing.
PRO TIP
Always cross-reference the scope with related clauses like payment terms and duration to ensure consistency.
Real-world examples
FAVORABLE
Clear Territorial Rights
"The Licensee is granted the right to use the Licensed IP solely within the territory of [specified region] for the purpose of [specified activities]."
NEUTRAL
Conditional Use
"The Licensee may use the Licensed IP in [specified region] for [specified activities], subject to the Licensor's prior written consent for any additional uses."
UNFAVORABLE
Undefined Scope
"The Licensee is granted rights to use the Licensed IP without specified limitations."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, ensure the scope is tightly defined to mitigate potential liabilities and unauthorized use.
Global Expansion
For global expansion, negotiate broader territorial rights to facilitate market entry and growth.
Joint Ventures
In joint ventures, clearly delineate shared rights and responsibilities to prevent conflicts.
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