The "Reviewing and Negotiating Technology Transfer and Licensing Agreements Training Course" training has been added to ResearchAndMarkets.com's offering.

The programme offers a comprehensive overview of all the key matters to be considered - by the licensor and the licensee - when dealing with international technology transfer and licensing agreements.

Technology transfer and licensing agreements are frequently used by commercial entities and public or quasi-public bodies for the development of new business prospects and for cross-border expansion. This two-day seminar will give practical advice on the legal and commercial considerations essential for securing a successful deal.

This seminar is not jurisdiction-specific and is therefore ideal for those working both in the UK and overseas.

Benefits of attending:

• Learn how to critically review the terms in international technology transfer and licensing agreements
• Assess the benefits and concerns of the contracting parties under an international technology transfer and licensing agreement
• Understand EU law governing international technology transfer and licensing agreements
• Review the impact of the Brexit Withdrawal Agreement
• Draft and negotiate key terms in an international technology transfer and licensing agreement more effectively
• Effectively negotiate royalty rates to the best commercial advantage
• Understand and advise on cross-jurisdictional concerns and key terms

The key objectives

• Understand how to critically review the terms in an international technology transfer and licensing agreement
• Learn how to assess the benefits and concerns of the contracting parties under an international technology transfer and licensing agreement
• Gain knowledge of EU law governing international technology transfer and licensing agreements
• Be able to draft and negotiate key terms in an international technology transfer and licensing agreement more effectively
• Find out how to negotiate royalty rates more successfully
• Appreciate and be able to better advise on cross-jurisdictional concerns and key terms

Certifications:

• CPD: 12 hours for your records
• Certificate of completion

Who Should Attend:

• In-house counsel
• Commercial and contract managers
• Business development managers
• Trainee solicitors
• Attorneys
• Private practice lawyers
• R&D personnel
• Licensing executives wanting a refresher

By the end of this seminar, participants will be able to:

• Understand and draft international technology transfer and licensing agreements
• Draft and negotiate key terms more effectively
• Understand and advise on cross-jurisdictional concerns and key terms

Key Topics Covered:

Day 1

Competition law - introduction

• Goals of competition policy
• Role of the institutions and the Member States
• Individual remedies
• Standard of proof
• Article 101 TFEU - anti-competitive agreements, decisions and concerted practices
• Agreement, decision or concerted practice exists
• Effect on trade between Member States
• Object or effect of the prevention, restriction or distortion of competition
• Impact of the de minimis doctrine on the application of Article 101(1)
• Article 101(3) TFEU - exemption

Competition law - technology-related block exemptions

• Vertical Restraints Block Exemptions (VRBER 2010)
  • Market thresholds and scope of application
• Technology Transfer Block Exemption Regulation (TTBER 2014)
  • Scope and Restrictions
• Block exemption governing R&D

Ancillary agreements

• Confidentiality agreement
• Materials transfer agreement
• Memorandum of understanding
• Option agreement

Technology transfer agreements

• Set-up - licence and assignment
• Strategic and legal concerns of the prospective licensor
• Key concerns reviewed
  • Term
  • Assignment
  • IP
  • Liability, disclaimers and indemnities
• Benefits and disadvantages of licensing technology
• Sub-licensing considerations
• Legal safeguards during the pre-negotiation phase

Day 2

International contract disputes

• Jurisdiction
• Jurisdiction rules under EU law
• Jurisdiction agreements and their status in EU law
• Choice of law rules
• Recognition and enforcement of arbitral awards and foreign judgments
• Review of the impact of the Withdrawal Agreement (Brexit deal/no deal)

Dispute resolution mechanisms

• Overview
• Features of the key mechanisms
• Advantages and disadvantages associated with the key mechanisms
• Arbitration
• Why arbitrate?
• Disadvantages of arbitrating
• Ad hoc arbitration vs institutional arbitration
• Drafting concerns in relation to arbitration agreements
  • Seat of arbitration
  • Evidential rules of the arbitration
  • Preliminary relief
  • Confidentiality
• Arbitration agreements checklist and essential drafting tools

R&D agreements

• Key concerns reviewed
  • Ownership and right to use

PRACTICAL WORKSHOP: Review of a technology licence

• Review of the template agreement with particular reference to the key clauses, strategic considerations and drafting techniques
• Discuss issues relating to the negotiation and execution of a technology licence

PRACTICAL WORKSHOP: Negotiation of a technology licence

• Using a case scenario, participants will draft and negotiate a technology licence with particular reference to key commercial terms, inter alia:Grant
• Fees and royalties
• Rights to improvements
• Rights to new products and grant-back clauses
• IP and confidentiality

For more information about this training visit https://www.researchandmarkets.com/r/cwmvyh

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