third-party technologies are limited, for example, by .B cumulative effect of parallel networks of similar anti-competitive agreements that prohibit takers from using third-party technologies; restriction in a non-reciprocal agreement, an « exclusive licence », a licence under which the donor itself cannot produce on the basis of the technological rights granted and the technological rights granted cannot be granted to third parties in general, for a specific use or territory, if the latter was not a competing undertaking of the licensee at the time of the conclusion of its own licence. The main means of assigning discovery rights is « technology transfer. » While a technology transfer agreement may relate to any type of license or transfer of intellectual property between the parties, technology transfer agreements are known as — and this article — the type of agreement by which a university grants research rights to a commercial enterprise. These agreements are the roadmap on how the discovery was put on the market by the laboratory. This regulation does not apply to licensing agreements concluded under research and development agreements within the scope of Regulation (EU) No. 1217/2010 or Specialisation Agreements under Regulation (EU) No. 1218/2010. This regulation should cover only technology transfer agreements between a licensee and a licensee. It should also cover such agreements where the agreement contains conditions for more than one commercial stage, such as .B obligation for the taker to set up a specific distribution system and the obligations that the taker must or may impose on resellers of products manufactured under the licence. However, these conditions and obligations should be in line with the competition rules applicable to the supply and distribution agreements provided for by the Commission`s Regulation (EU) 330/2010 (3). Supply and distribution agreements between a licensee and purchasers of its contractual products should not be excluded from this regulation. « exclusive customer group, » a group of customers to whom only a party to the technology transfer contract is authorized to actively sell contract products manufactured with the technology granted. Although technology and intellectual property rights protection have recently increased sharply and technology transfer agreements are commonplace, the concept of technology transfer is not new.
Technology transfer between universities and industry has existed in the United States since at least the 1920s, when some universities were marketing their discoveries. Technology transfers became interesting in the late 1940s, when the Manhattan Project demonstrated the value of university research for national defense. An influential 1945 report to the President, « Science — The Endless Frontier, » argued that university research could serve as a catalyst for economic expansion by increasing the amount of technology available to industry. The rest of this article deals with the issues that a lawyer should address when confronted with a client — whether it is a researcher, a university or a commercial organization involved in a technology transfer agreement.