Reviewing and Negotiating Technology Transfer and Licensing Agreements

Reviewing and Negotiating Technology Transfer and Licensing Agreements is a course dedicated to key matters to be considered when dealing with international technology transfer and licensing agreements by the the licensee and licensor.

Topics

• Competition law - technology related block exemptions
  • Technology Transfer Block Exemption Regulation (2014)
  • Vertical Restraints Block Exemptions (VRBER 2010)
  • Block exemption governing R&D
• Competition law - introduction
  • Role of the institutions and the Member States
  • Goals of competition policy
  • Standard of proof
  • Individual remedies
  • Agreement, decision or concerted practice exists
  • Article 101 TFEU - anti-competitive agreements, decisions and concerted practices
  • Object or effect of the prevention, restriction or distortion of competition
  • Effect on trade between Member States
  • Article 101(3) TFEU - exemption
  • Impact of the de Minimis doctrine on the application of Article 101(1)
• Technology transfer agreements
  • Strategic and legal concerns of the prospective licensor
  • Set-up
  • Benefits and disadvantages of licensing technology
  • Key concerns reviewed
  • Legal safeguards during the pre-negotiation phase
• Ancillary agreements
  • Materials transfer agreement
  • Confidentiality agreement
  • Option agreements
  • Memorandum of Understanding
• Dispute resolution mechanisms
  • Features of the key mechanisms
  • Overview
  • Arbitration
  • Advantages and disadvantages associated with the key mechanisms
  • Disadvantages of arbitrating
  • Why arbitrate?
  • Drafting concerns in relation to arbitration agreements
  • Ad hoc arbitration vs institutional arbitration?
• International contract disputes
  • Jurisdiction rules under EU law
  • Jurisdiction
  • Choice of law rules
  • Jurisdiction agreements and their status
  • Recognition and enforcement of arbitral awards and foreign judgments
• R&D agreements - Key concerns reviewed

Who should Attend

• Trainee solicitors
• In-house counsel
• Lawyers
• Private practice lawyers
• Business development managers
• Commercial and contract managers
• Licensing executives with little or no experience of drafting and negotiating international licensing agreements