Knowledge transfer is crucial for the proper functioning of the innovation ecosystem, as it connects knowledge generators with those who have the ability to bring it to market. In this way, innovation ends up reaching the whole of society, which benefits from technological and scientific progress.
However, along the way there are legal and economic issues that should be determined from the outset, since they have important consequences in the long term. Issues such as ownership of Industrial Property rights, operating conditions, sharing of results, confidentiality or the responsibility assumed by each of the parties may be decisive during the validity of an agreement of this type and condition the success of the process.
Having a well-written contract that clearly details all these aspects and anticipates as many eventualities as possible is key for the transfer of knowledge to take place safely. Likewise, having standardised contract models, endorsed by the Spanish public administration and the Arbitration and Mediation Center of the World Intellectual Property Office, promotes the confidence of the parties involved, facilitating their drafting and negotiation, and maximizing the possibilities for knowledge to be transformed into economic and social value.
That is why, in a joint work between the Ministry of Science, Innovation and Universities, the Spanish Patent and Trademark Office (SPTO), the Higher Council of Scientific Research (CSIC), the Licensing Executive Society Spain and Portugal (LES EP), and the World Intellectual Property Organization (WIPO), the models of technology transfer contracts that had already been developed at the time and the corresponding use guides have been updated.
In order to help the different agents to successfully address these operations, a series of practical tools has been included that materialize in five models that cover different situations:
- Agreement of confidentiality.
- Material Transfer Agreement.
- Public-company license agreement.
- Company-company license agreement.
- Research and development contract.
Each of the different models has its respective support guide in Spanish and English, which facilitates their understanding and use by stakeholders. This update makes available, free of charge, practical resources to support the transfer of knowledge and technology to companies, public research agencies, universities, technology centers, health entities, and other agents of the innovation ecosystem, contributing to the development of these operations with greater guarantees.
