LegalGELegalGE
...

Technology Transfer Agreements

What is the role of a Technology Transfer Office (TTO)?

A TTO manages the university's IP portfolio, evaluates inventions for patentability, and negotiates licensing or transfer agreements with industry partners to commercialize research.

Can I commercialize research funded by a government grant?

Yes, but government grants (e.g., from Shota Rustaveli Foundation) often have specific IP clauses. You must ensure compliance with grant terms regarding ownership and revenue sharing.

What is a Material Transfer Agreement (MTA)?

An MTA is a contract that governs the transfer of tangible research materials (e.g., cell lines, reagents) between organizations, restricting the recipient from using them for commercial purposes without permission.

Who owns IP in joint R&D projects?

Ownership in joint R&D should be defined in the contract before work begins. It can be jointly owned, owned by one party with licensing to the other, or assigned based on field of use.

Reading Time

3 min

Published

...

Technology Transfer Agreements are the legal bridge between innovation and commercialization. This service covers complex transactions through which scientific research results, patents, know-how, and technical documentation are transferred from one party (e.g., a university, research center, inventor) to another (business, enterprise) for market implementation. In Georgia, where the innovation ecosystem is in a growth stage, technology transfer is critical for startups and industrial development. Such agreements regulate not only the transfer of rights but also technical support, personnel training, and rights to future improvements. An improperly structured agreement can lead to technology theft, leakage of confidential information, or disputes over who owns the developed version of the technology.

What Does Technology Transfer Service Cover?

Specialized lawyers provide full legal support for technological transactions:

  • Patent and Know-How Licenses: Drafting agreements that cover both registered (patent) and unregistered (trade secret/know-how) intellectual property.
  • Assignment Agreements: Full transfer of ownership of technology from seller to buyer.
  • Research and Development (R&D) Contracts: Legal frameworks for joint research, specifying ownership of research outcomes.
  • Material Transfer Agreements (MTA): Transferring biological materials, samples, or prototypes for research purposes.
  • Non-Disclosure Agreements (NDA): Strict protection of technical secrets during negotiation and collaboration stages.
  • University-to-Business Transfer (Spin-off): Licensing technology from a university to a startup founded by scientists.

Real-World Scenarios Where You Need This Service

Technology transfer is relevant in high-tech and manufacturing sectors:

  • Factory Modernization: A Georgian factory purchases a foreign technological line and production methodology (know-how). Guarantees are needed that the technology will work.
  • Founding a Startup: A group of scientists created a new material in a lab and wants to commercialize it. They need a license from their institute.
  • International Franchise: You are introducing an innovative service (e.g., aesthetic medicine) that requires the right to use specific equipment and methods.
  • Outsourcing: You commission a foreign company to develop software code or an engineering part and want to ensure the IP vests in you.
  • Joint Venture: Two companies combine technologies to create a new product.

Georgian Legal Framework and Regulations

Technology transfer is regulated by the Patent Law of Georgia, the Civil Code of Georgia, and in some cases, the Law on Science, Technologies and Their Development. Particular attention is paid to competition law to ensure that technology transfer does not lead to market foreclosure or abuse of a dominant position. Protection of know-how relies on Civil Code provisions regarding commercial secrets. In international transfers, regulations on dual-use goods control are also considered if the technology can be used for military purposes.

Service Process Step-by-Step

A technology deal is a complex process involving:

  1. Due Diligence: Legal audit of the technology to be transferred (ownership, protection status, infringement risks).
  2. Negotiation: Agreeing on price, royalties, territory, and technical support conditions.
  3. Drafting the Agreement: Creating a complex document that includes warranties and liability for technological defects.
  4. Registration: Registering the transfer of rights related to patents at Sakpatenti (if necessary).
  5. Implementation Oversight: Monitoring the execution of the agreement (e.g., conducting training, transferring documentation).

Why Choose Legal.ge?

Legal.ge allows you to find lawyers with specific experience in the technology sector. Technology transfer requires knowledge of not only the law but also the language of the industry. Our experts will help you commercialize innovation safely, protect your know-how, and ensure the long-term effectiveness of the transaction.

Updated: ...

Specialists for this service

Loading...