1. Open Forum on SPLT WIPO Geneva, 1-3 March 2006
Contractual Licenses and the Transfer of technology
Francesco Macchetta

2. Licensing is one of the most effective cooperation means.
Contractual Licenses and the Transfer of Technology Licensing as one of the most effective cooperation means
Licensing is one of the most effective cooperation means.
In principle, it allows coupling the strength(s) of the licensor with those of the licensee(s) [in a so-called win-win situation]

3. Contractual Licenses and the Transfer of Technology Licensing as one of the most effective cooperation means
It is one of the most effective tools for innovators in fast-changing technology-based businesses
It allows licensors reaching markets where one does not have a significant commercial presence in much quicker time than trying to establish a direct presence and with a much lower investment/risk

4. Contractual Licenses and the Transfer of Technology Licensing as one of the most effective cooperation means
It allows licensees with presence and knowledge in a market to become the partner of a technology leader (missing that presence and knowledge of the market) and access directly that technology and build its own knowledge of it, creating the basis for its own improved technology creation.

5. Contractual Licenses and the Transfer of Technology The result of a negotiation
Kind of licenses and their obligations (e.g. exclusivity, payments, guarantees, terms, termination) as established freely by the parties in the framework of governing national and international law (including Civil and Criminal law, IP law, Competition Law, Environmental law, market authorization provisions etc)

6. Special nature of IPRs (e.g. patents): Immaterial/intangible
Contractual Licenses and the Transfer of Technology IPRs as one of the core elements
Special nature of IPRs (e.g. patents):
Immaterial/intangible
Tagged to innovative technological results more than market power
A new currency in tech trade ?

7. An educational need/gap ? Learning from experience (of others as well)
Contractual Licenses and the Transfer of Technology IPRs as one of the core elements: knowing, obtaining and using them
An educational need/gap ?
Learning from experience (of others as well)
How to procure, use, negotiate IPRs:
The cost factor
The competency factor

8. Contractual Licenses and the Transfer of Technology Contractual negotiations: The IPRs valuation and evaluation opportunity
From the appreciation of the diverging views of the parties on value/evaluation (quantitative/qualitative, reciprocity, interaction) of the relevant IPRs to a de facto agreement on their ultimate relevance in the context of the overall agreement

9. Contractual Licenses and the Transfer of Technology The negotiation process/finality
Build thrust and agree on workable tailor-made contractual rules that suites the parties’ needs/wills/interests in the framework of the applicable national/international law.

10. Contractual Licenses and the Transfer of Technology The governing laws: a personal view
Any “link” between Contractual Licensing and Tech Transfer and (e.g.) SPLT ?

11. Thank you for your attention, and I look forward to our discussion !
Contractual Licenses and the Transfer of Technology Francesco Macchetta
Thank you for your attention, and
I look forward to our discussion !