Mastery of Technology Transfer and Licensing Agreements: Legal, Strategic and Practical Perspectives

19/06/24: 4 p.m. – 8 p.m.
20/06/24: 4 p.m. – 8 p.m.
26/06/24: 3 p.m. – 8 p.m.
27/06/24: 3 p.m. – 8 p.m.

Module 1: Introduction to Technology Transfer and Licensing

• Defining Technology Transfer and Licensing: Deep dive into the essence of these agreements and their significance in the business ecosystem.
• exploring the fundamental ideas underpinning technology transfer and licensing, distinguishing between the two processes.
• Tracing the evolution of these agreements from their inception to their current role in today's digital era.
• Identifying the primary stakeholders involved in such transactions, ranging from inventors and original rights holders to licensees and intermediaries.
  understanding the mechanics of transfer licensing - the step-by-step process.
• Advantages & Disadvantages: Weighing the benefits against potential pitfalls.
• Business Rationale: Why companies resort to these agreements, focusing on strategic advantages and risk mitigation.
• Case Studies: Analyzing successful technology transfer and licensing agreements, both globally and within the Cyprus context and a look at recent trends to predict the future trajectory.

Module 2: Diverse Types of Technology Transfer and Licensing Agreements Part 1

• Patent licensing
• Cyprus and EU regulatory framework
• Unravel the basics of what patents protect, their lifespan, and their geographical implications.
• Differentiate between exclusive, non-exclusive, and sole licensing arrangements.
• Grasp the financial aspects, from lump-sum payments to running royalties.
• Understanding the rights and restrictions on sub-licensing under patent agreements.
• Explore mechanisms to protect patent rights and actions against potential infringers.
• Copyright and Software Licenses
• Regulation.
• Delve into the nature of copyrighted works, their duration, and the rights bestowed upon creators.
• Differentiate between proprietary licenses, ope- source licenses, and freeware.
• Explore varied licensing models like site licenses, enterprise licenses, and end-user licenses.
• Understand the rights surrounding adaptations, modifications, and derivative creations.
• Dive into mechanisms to ensure copyright adherence and technology to manage digital rights.

Module 3: Diverse Types of Technology Transfer and Licensing Agreements Part 2

• Trademark Licenses - Regulatory framework
• understand the significance of trademarks in brand identity, their duration, and renewal processes.
• Explore the nature of trademark licenses, such as quality control clauses and brand guidelines.
• Co-branding and Coexistence Agreements: Delve into scenarios where multiple brands collaborate or coexist.
• Recognize the mechanisms in place to guard trademarks and actions against potential misuse. Comprehend limitations on trademark use by region or business sector.
• Trade Secret and Non- Compete Agreements - Regulation and Understanding what constitutes a trade secret and its distinction from other IP forms. Grasp the significance of non-disclosure agreements in protecting sensitive information. + Temporal nature of non- compete clauses and reasonable geographic and scope limitations. employee mobility and knowledge transfer protection strategies.
• Research and Development Agreements - Joint innovation, ownership and IP, deliverables.

Module 4: In-depth Exploration of Key Agreement Provisions

• Best practice in the drafting of clauses for the purposes of:
• Understanding obligations related to IP registration, renewals, and upkeep.
• Distinguishing between outright ownership transfers and granting of usage licenses.
• Scenarios under which IP rights can be assigned to other parties.
• Addressing the personal rights of creators, especially in copyright contexts, and ensuring appropriate credit.
• Exploring the spectrum from exclusive to non-exclusive, and sole licenses.
• Defining the geographical, temporal, and sectoral boundaries of the license.
• Understanding when and how licensees can grant rights to third parties. Instituting benchmarks and standards for performance.
• Detailing obligations related to updates, improvements, and assistance.Breaking down varied models such as upfront payments, running royalties, ad minimum guarantees, Audits: milestones and payment triggers
• Adjustment clauses, tax implications, representations and warranties, termination, dispute resolution, and enforcement.

Module 5: Lifecycle Management of Technology Transfer and Licensing Agreements

• The significance of periodic checks is to validate adherence to agreement provisions, especially financial clauses.
• Introduction to software tools that assist in monitoring and ensuring compliance with licensing terms Emphasizing the importance of regularly updating involved personnel about their obligations.
• Maintaining rigorous records as evidence of compliance and for future reference.
• Implementing channels through which parties can report potential non- compliance and seek clarifications.
• KPIs - measurable metrics within the agreement.
• benchmarking within the agreement
• feedback loops within the agreement
• adaptive strategies within the agreement
• preventative measures to avoid future conflict within the agreement

Module 6: Case studies and practical insights

• Successful Agreements: Analyzing what went right.
• Introduction to the parties involved, the industry, and the socio-economic or geopolitical factors at play during the time of the agreement.
• A detailed examination of the terms that were negotiated and the rationale behind each.
• Highlighting areas where both parties benefited significantly from the agreement, leading to mutual satisfaction. Exploring any unique or non- traditional clauses that were integrated into the agreement and understanding their impact
• Analysing how the agreement paved the way for ongoing collaboration, continuous innovation, and sustained profitability.
• Failed Agreements: Extracting lessons from challenges, misunderstandings, and legal disputes.
• Setting the stage by outlining what the original goals and anticipated benefits of the agreement were.
• Identifying the clauses or areas that led to disagreements, breaches, or general discontent.
• comparative analysis - evaluating the parallels.

The course is aimed at Lawyers, legal professionals, in-house counsel in tech start-ups/companies, and innovative tech companies' legal department employees and founders or directors of tech companies.

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