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Technology Transfer Agreement

Technology Transfer Agreement Template for Austria

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Key Requirements PROMPT example:

Technology Transfer Agreement

"I need a Technology Transfer Agreement under Austrian law for transferring proprietary AI software from our tech company to a manufacturing partner, including source code escrow provisions and implementation support requirements for a 12-month period starting March 2025."

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Document background
The Technology Transfer Agreement is a crucial legal instrument used when one party (transferor) wishes to transfer technology, intellectual property rights, or technical know-how to another party (transferee) under Austrian law. This document is particularly relevant for transactions involving innovative technologies, research outcomes, or industrial processes where detailed technical specifications and clear legal frameworks are essential. It's commonly used in scenarios ranging from university-industry collaborations to corporate technology acquisitions. The agreement must comply with Austrian civil law, intellectual property regulations, and EU competition law, particularly the Technology Transfer Block Exemption Regulation. It includes comprehensive provisions for protecting intellectual property rights, ensuring proper technology implementation, and establishing clear commercial terms. This document is essential for organizations seeking to formalize technology transfers while managing associated risks and ensuring legal compliance in the Austrian jurisdiction.
Suggested Sections

1. Parties: Identification of the transferor and transferee, including full legal names, registration details, and addresses

2. Background: Context of the agreement, including brief description of the technology and purpose of the transfer

3. Definitions: Detailed definitions of technical terms, the technology being transferred, and other key terms used in the agreement

4. Scope of Technology Transfer: Detailed description of the technology being transferred and the exact rights being granted

5. Grant of Rights: Specific rights being transferred, including any territorial restrictions, field of use limitations, and whether rights are exclusive or non-exclusive

6. Technology Documentation and Delivery: Requirements for technical documentation and process for technology handover

7. Payment Terms: Financial terms including upfront payments, royalties, milestone payments, and payment mechanics

8. Intellectual Property Rights: Ownership of existing and future IP, improvements, and derivative works

9. Confidentiality: Protection of confidential information and trade secrets

10. Warranties and Representations: Warranties regarding ownership, right to transfer, and technology performance

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Post-Termination Obligations: Obligations that survive termination and wind-down procedures

13. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

14. General Provisions: Standard boilerplate clauses including force majeure, notices, and amendment procedures

Optional Sections

1. Training and Support: Used when the transferor needs to provide training or ongoing technical support

2. Quality Control: Included when the technology requires specific quality standards or certifications

3. Escrow Arrangements: Required when source code or critical documentation needs to be held in escrow

4. Regulatory Compliance: Added when the technology is subject to specific regulatory requirements

5. Performance Metrics: Included when specific performance standards need to be maintained

6. Improvement Rights: Used when parties want to specify rights to future improvements

7. Export Control: Required when technology transfer has international implications

8. Sub-licensing Rights: Added when transferee is permitted to sub-license the technology

9. Insurance Requirements: Included when specific insurance coverage is needed for technology implementation

Suggested Schedules

1. Technical Specifications: Detailed technical description of the technology being transferred

2. Payment Schedule: Detailed breakdown of payment terms, milestones, and royalty calculations

3. Implementation Plan: Timeline and milestones for technology transfer implementation

4. Training Program: Details of any training to be provided, including scope and timeline

5. Quality Standards: Specific quality requirements and testing procedures

6. Acceptance Criteria: Criteria for accepting the technology transfer as complete

7. Required Documentation: List of all documentation to be provided with the technology

8. Contact Details: Key contacts for both parties for various aspects of the agreement

9. Existing IPR: List of all intellectual property rights included in the transfer

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Technology
Technical Information
Documentation
Intellectual Property Rights
Patents
Know-How
Trade Secrets
Licensed Technology
Improvements
Derivative Works
Implementation Period
Effective Date
Commercial Use
Territory
Field of Use
Technical Specifications
Acceptance Criteria
Acceptance Tests
Background IP
Foreground IP
Confidential Information
Licensed Products
Net Sales
Royalties
Technical Assistance
Implementation Plan
Quality Standards
Technical Support
Training Period
Delivery Date
Completion Date
Implementation Milestone
Industrial Property Rights
Software
Source Code
Object Code
Technical Documentation
Transfer Fee
Affiliate
Intellectual Property Claims
Technology Updates
Escrow Materials
Technical Requirements
Certification Standards
Regulatory Approvals
Technology Transfer Phase
Performance Metrics
Technical Defect
Implementation Protocol
Transfer Period
Clauses
Definitions
Grant of Rights
Technology Scope
License Terms
Intellectual Property Rights
Confidentiality
Payment Terms
Royalties
Technology Delivery
Implementation
Technical Support
Training Obligations
Quality Control
Warranties
Indemnification
Liability Limitation
Term and Termination
Force Majeure
Assignment
Non-Competition
Export Control
Regulatory Compliance
Dispute Resolution
Governing Law
Improvements Rights
Documentation Requirements
Acceptance Testing
Performance Standards
Audit Rights
Insurance
Notices
Amendment
Entire Agreement
Severability
Sub-licensing
Escrow
Data Protection
Technical Assistance
Post-Termination Obligations
Relevant Industries

Information Technology

Biotechnology

Pharmaceutical

Manufacturing

Automotive

Aerospace

Clean Energy

Healthcare

Telecommunications

Electronics

Chemical Industry

Industrial Automation

Software Development

Medical Devices

Artificial Intelligence

Relevant Teams

Legal

Research and Development

Intellectual Property

Technology Transfer Office

Innovation

Commercial

Business Development

Technical Operations

Compliance

Finance

Relevant Roles

Chief Technology Officer

Head of Research and Development

Intellectual Property Manager

Legal Counsel

Technology Transfer Officer

Innovation Director

Research Director

Licensing Manager

Patent Attorney

Commercial Director

Chief Legal Officer

Head of Innovation

Business Development Manager

Technical Project Manager

Research Scientist

Industries
Austrian Civil Code (ABGB): Provides the fundamental framework for contract formation, validity, and enforcement in Austria
Austrian Patent Act (Patentgesetz): Governs patent rights, licensing, and transfer of patent-protected technologies
Austrian Copyright Act (Urheberrechtsgesetz): Regulates copyright protection and software licensing aspects if the technology involves software or creative works
Austrian Cartel Act (Kartellgesetz): Ensures compliance with competition law, particularly regarding licensing restrictions and market dominance
EU Technology Transfer Block Exemption Regulation (TTBER): Provides safe harbor for certain technology transfer agreements under EU competition law
Austrian Foreign Trade Act (Außenwirtschaftsgesetz): Governs export control requirements for technology transfers with international elements
EU General Data Protection Regulation (GDPR): Applies if the technology transfer involves processing of personal data
Austrian Trade Secret Act (Geschäftsgeheimnis-Gesetz): Protects confidential business information and know-how in technology transfers
Austrian Corporate Income Tax Act (Körperschaftsteuergesetz): Relevant for tax implications of licensing fees and technology transfer payments
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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