A Study of the Impact of the Technology Transfer Category on Contract Clauses

• Main Authors: Yu-Hsin Chen, 陳郁信
• Other Authors: KEN, YUN
• Format: Others
• Language: zh-TW
• Published: 2002
• Online Access: http://ndltd.ncl.edu.tw/handle/7g9a8j

碩士 === 中原大學 === 企業管理研究所 === 90 === 英文摘要 In the past the studies of technology transfer contract are not enough, and the content of these listed all clauses and items we may face in a technology transfer contract. When we proceed a technology transfer, we often face different type of technology transfer. And different type technology transfer contract has different important things we should notice. At this point this reserch has three purposes as follows: 1. According to the classification method U.S. University used, we will classify technology transfer contracts in adequate method. 2. According to literature review and contract study, this research tries to find out most clauses that should be list in a technology transfer contract. Which are the basic clauses in a contract, and which are those clauses should be by different type of the technology transfer. 3. According to the different type of the technology transfer, this research tries to find out the important items in different technology transfer contract. This research results are that we find out the important items and the clause that they influence. These items as follows: 1. Exclusive licensing agreement: (1) field and territory; (2) sublicense; (3) rights licenser reserved; (4) patent maintenance. 2. Biologicals materials transfer agreement: (1) security problem; (2) attribution of derivatives. 3. Patent licensing agreement: (1) patent infringement; (2) source code and documents; (3) attribution of derivatives; (4) sublicense. 4. Copyright licensing agreement: (1) licensing target; (2) attribution of derivatives. 5. Trademark licensing agreement: (1) licensing field; (2) goodwill of licenser; (3) marking. Key Words: technology licensing, technology transfer, contract