Empowering Innovation: The Role of Intellectual Property in Technology Transfer
INTRODUCTION
Technology transfer is a way for innovation. Its gained momentum with the advent of importance in R&D and patent registration. While facilitating technology transfer, it is significant to look at how IP rights play a role. It’s the first important step towards protecting owner’s rights and its lawful public use. If IPR is not understood in technology transfer process, sharing of knowledge and invention faces legal challenges.
Technology Transfer
Technology transfer is a process of transfer of knowledge from one entity to another which may be persons to entities, universities, or research centers. It is pertinent for the development of the growth of innovation. It has gained momentum in India with the advent of technology transfer and commercialization rules,2020. There are two types of transfer, vertical and horizontal. The vertical transfer takes place when the transfer of technology happens from research centers to organizations. Horizontal transfer is from one organization to another.
The transfer is facilitated in India by the Indian Patent office. Section 83(c) of the Patent’s Act,1970 facilitates technology transfer for the purpose of fostering technological innovation there is a mutual benefit of producers and users of technological knowledge along with social and economic implications. Indian Copyright Act, 1957 – sections 30 to 32 provide for licensing. It allows for both voluntary and compulsory licensing. Further Trademarks Act, 1999 and Designs Act, 2000 allow licensing of trademarks and designs respectively.
Intellectual Property Rights Protection
IP licensing is an essential element of technology transfer. Licensing of IP is when an invention or IP rights owner transfers their rights to a licensee for their use, subject to the terms of the agreement. When a technology must be transferred, the owner’s IP rights are licensed through an agreement between the parties. It may be movement of knowledge from research institutions to corporations or a collaboration between the two. IP valuation is done through assessing the value of intangible assets. Before the knowledge or invention is transferred, the owner must make sure they own rights over it. It helps in better valuation.
The transfer is initiated by a license agreement. It involves transferring of one or more intellectual property to the other party. There are multiple aspects to a transfer agreement, each can be utilized based on the institution’s policy. Licensing agreements are the most common ways to initiate technology transfer. Other components of an agreement must include – non – disclosure clause, assignment of Intellectual Property (IP) or its licensing. There is an array of agreements in the process of transfer comprise of collaborative research agreement, consultancy agreements as well as sponsored research agreements.
The key clause of a license agreement is a non-disclosure clause. Why must an owner of IP license it? Well, it helps in commercialisation of the invention by allowing its public use. It also benefits through cost management and providing better resources for any further research. The licensor benefits from the arrangement, their knowledge is not wasted and it provides resources for research. In the same way i.e., by funding for research, start-ups can enhance their efficiency. It results in a shared knowledge through enhanced collaboration and maximizes the use of knowledge
An invention’s IP rights may be assigned as well. Assignment of License is transfer of ownership. Where licensing is temporary, assignment is a transfer of IP rights like ownership over the invention. It facilities increased commercial use. Likewise, IP marketing plays a pivotal role, markets are identified where usage of technology is exchanged or transferred by recognizing prospective stakeholders. Further, IP commercialisation is a process where the research is utilised to make products. They utilise TTOs’ help for commercialisation. These are the certain important aspects of IP and technology transfer that must be carefully dealt for making sure the purpose is served.
Technology Transfer Organisations (TTO)
Organisations such as academic or commercial institutions, act for promotion of technology transfer through providing funds, resources and other support for research and practice. The offices are established for movement of innovation from lab to market. WIPO’s Technology and Innovation Support Centers (TISCs) established in India in 2020, is one such TTO that supports entities and academic institutions. India currently has multiple TTOs that facilitate protection of IP assets. These include Technology Transfer & Intellectual Property Services (TIPS), iTTO (Innovation Technology Transfer Office), IKP-PRIME (Platform for Regional IP Management Ecosystem), KIITTBI-TTO (KIIT Technology Business Incubator-Technology Transfer Office). They facilitate IP commercialisation, provide necessary training and act as a bridge between research and production by moving knowledge or invention from lab to market.
CONCLUSION
Technology transfer is an essential element for innovation. Protection of IP furthers this innovation and protects rights of the owner. Technology transfer offices are present to facilitate this protection to research centers and corporations. IP commercialisation, valuation and marketing are key steps in which the IP owner can gain benefit by utilizing their knowledge. Its value is enhanced by leveraging the knowledge to produce products. Therefore, owning IP rights is significant to proper use of technology transfer mechanism through license agreements or other ways of assigning the rights. The transfer of rights fosters maximum utilization of knowledge or an invention and benefits the public at large additional to the owner’s benefit.
Author:- Ruthika H S, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing.
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