Intellectual Property

What is Intellectual Property?
The history of the human race is a history of the application of imagination, or
innovation and creativity, to an existing base of knowledge in order to solve problems
or express thoughts. From early writing in Mesopotamia, the Chinese abacus, the
Syrian astrolabe, the ancient observatories of India, the Gutenberg printing press, the
internal combustion engine, penicillin, plant medicines and cures in Southern Africa,
the transistor, semiconductor nanotechnology, recombinant DNA drugs, and
countless other discoveries and innovations, it has been the imagination of the
world’s creators that has enabled humanity to advance to today’s levels of
technological progress.
Protection of intellectual property is ensured not only at the national but also at
the international level. The World Intellectual Property Organization (WIPO)
administers more than 20 treaties about intellectual property.
You may find other references at:

• http://www.wipo.int/about-wipo/en/what_is_wipo.html

• http://www.wipo.int/treaties/en/

Intellectual Property for Technological Capacity Building, Economic Growth and Development

Licensing as a Tool for Technology Transfer in case of Intellectual Property

 1.  DO YOU NEED TO ACQUIRE TECHNOLOGY?

Do adequate problem analysis :

•Problem may be non-technical

  -  A management problem

  -  An organizational structure problem

  -  Etc.

•Need a technical solution, then

  -  Ascertain what you want

  -  Whether available in-house

              -  If not, acquire elsewhere

2.  WHAT IS NEXT?

To acquire the appropriate technology

•The choice of partner

•The method of acquisition

•Prepare for a negotiation process

•

Note:  A good Patent Search may be able to help you to   identify the right partner and the right type of   technology to acquire.

 3.  TYPES OF LICENSES

 ·   Exclusive License

-  Licensee (Technology Buyer) the only entity to   exploit the technology

-  Not even licensor (Technology Supplier) permitted   to use the technology

  · Non-Exclusive License
  - Licensor can grant any number of licenses to use   the technology

  · Sole License
        - Licensor grants right to one licensee but reserves right for himself



4. THE NEGOTIATION PROCESS

·   Can be a Complex and Difficult Undertaking 

          - Involves competent peoples for consultations on legal, commercial & technical issues

          - Involves compatible parties who are able to work together and cooperate toward
             common goals

·   Licensor May Use Standard Licensing Agreements

         -  Licensor put forward initial bargaining positions
         -  Licensee should be aware of alternative possibilities

         -  Never press any objective into standard legal model 

·   For Individual Inexperienced Licensee (the buyer)

           - Obtain professional service being the best solution
           - Keep at hand a checklist of typical license provisions during negotiation
           - Consult local Licensing Executive Society, if any

5.  SOME KEY ISSUES AND ADVICES

Since most technology buyers are from developing countries, they should pay special attention on the following :

·  Know exactly what is wanted

        - Do adequate problem analysis
        - Collect sufficient information for decision- making
        - A comprehensive patent search is helpful

  *  IPR determines value of technology

  *  Lapsed patent or unprotected technology is   free of charge

·  Desired end results guaranteed

       -  A guarantee that technology would achieve desired   end results

       -  Technology supplier obliged to supply all relevant   expertise and know-how

       -  No such thing as “buy at your own risk” 

·  Maintenance of IPR’s

      -  Ensure technology patented in country concerned

     -  Technology supplier responsible for validity &   maintenance of patent

     -  Value of technology or royalty directly related to IPR’s

 · No unfair tie-in clauses

     -  Minimum tie-in obligations, such as

     *  Requirement to purchase equipment, raw   materials, etc. from licensor

     *  Territorial restriction on sale of products   concerned

     *  No development on technology by licensee

·  No separate fee for training

    -  No extra charges for training of manpower, except

     *  Out of pocket expenses

  · Right After Expiry of Agreement
       - Licensee should have the right to continue to use the technology
       - Otherwise, licensee would be left with installations & assets that cannot be used

· Use of Own Trademark
      - Licensee can use own trademark for products made by the technology
      * Own trademark has reputation
      * Licensor’s trademark not registered

How to use the AIPN

3. How to use the AIPN?

Just Access: http://aipn.ipdl.inpit.go.jp/

 

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