Technology Transfer Agreement Template for United States

A Technology Transfer Agreement lets one company legally share its technical knowledge, innovations, or processes with another. In the Philippines, these agreements typically cover patents, trade secrets, specialized know-how, and manufacturing techniques that help businesses grow through shared technology.

Under Philippine technology transfer laws, these agreements must follow fair competition rules and support local industry growth. They specify important details like payment terms, usage rights, and how the receiving company can use the technology. The Philippine Intellectual Property Office oversees these agreements to ensure they benefit both parties while protecting national interests.

Consider using a Technology Transfer Agreement when acquiring innovative technologies, manufacturing processes, or technical expertise from another company in the Philippines. This is especially crucial for local businesses looking to upgrade their capabilities through foreign partnerships or when established companies want to share proprietary methods with subsidiaries.

The agreement becomes essential before starting any technology-sharing activities, particularly in regulated industries like pharmaceuticals, telecommunications, or manufacturing. It protects both parties' interests while ensuring compliance with Philippine IP laws and fair competition regulations. Many companies use it during joint ventures, franchise expansions, or when modernizing their production methods.

• License-Based Transfer: Focuses on licensing specific patents, trademarks, or intellectual property rights, common in Philippine manufacturing and tech sectors
• Know-How Transfer: Covers training, technical documentation, and operational expertise sharing between companies
• Joint Development: Enables collaborative research and development between Philippine and foreign entities, including shared ownership terms
• Equipment-Based Transfer: Combines technology rights with physical equipment transfer, popular in industrial modernization projects
• Franchise Technology: Specifically structured for franchise operations, including system transfer and operational procedures

• Technology Providers: Companies or individuals who own valuable technical knowledge, patents, or processes they want to share while maintaining control
• Technology Recipients: Philippine businesses seeking to enhance their capabilities through accessing advanced technologies or know-how
• IP Lawyers: Draft and review agreements to ensure compliance with Philippine IP laws and fair competition regulations
• Corporate Executives: Negotiate terms and make strategic decisions about technology transfers
• Government Regulators: The Philippine IP Office and other agencies that review and approve these agreements

• Technology Details: List all technical innovations, processes, or know-how being transferred, including any patents or trade secrets
• Party Information: Gather complete business details of both provider and recipient, including registration documents and authority to transact
• Transfer Scope: Define exact rights being granted, usage limitations, and geographic boundaries within Philippines
• Payment Terms: Document royalty rates, payment schedules, and calculation methods for technology use
• Compliance Check: Review Philippine IP Office guidelines and fair competition rules before finalizing terms

• Identification Section: Complete details of technology provider and recipient, including business registrations and authority
• Technology Description: Detailed specification of transferred technology, including patents, trade secrets, and know-how
• Rights and Limitations: Clear terms on usage rights, territorial scope, and transfer restrictions
• Payment Structure: Comprehensive royalty terms, payment schedules, and computation methods
• Confidentiality Provisions: Protection measures for proprietary information and trade secrets
• Term and Termination: Agreement duration, renewal options, and grounds for early termination

A Technology Transfer Agreement differs significantly from a Data Transfer Agreement in both scope and purpose. While both involve transferring valuable assets between organizations, they serve distinct functions in Philippine business law.

• Subject Matter: Technology Transfer Agreements cover technical innovations, manufacturing processes, and industrial know-how, while Data Transfer Agreements focus specifically on the sharing and protection of digital information and databases
• Regulatory Framework: Technology transfers fall under Philippine IP laws and industrial property regulations, whereas data transfers are governed primarily by data privacy laws and the Data Privacy Act
• Duration and Implementation: Technology transfers typically involve longer-term relationships with ongoing support and training, while data transfers can be one-time events or shorter-term arrangements
• Commercial Impact: Technology transfers often aim to enhance production capabilities and competitive advantage, while data transfers focus on information sharing and data security compliance