The Technology Transfer Agreement serves as a crucial legal instrument for organizations looking to transfer or acquire technological assets and intellectual property rights in Belgium. This document is essential when transferring technology from research institutions to commercial entities, between companies, or in cases of spin-off ventures. It addresses key aspects such as intellectual property rights, implementation support, confidentiality, and compliance with both Belgian and EU regulations. The agreement is particularly important given Belgium's strong focus on innovation and research, requiring careful consideration of competition law, data protection, and sector-specific regulations. It includes detailed provisions for technology implementation, knowledge transfer, quality standards, and ongoing support obligations, while ensuring protection for both the transferor and transferee's interests.
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1. Parties: Identification of the transferor and transferee, including full legal names and registered addresses
2. Background: Context of the agreement, including the nature of the technology and the parties' intentions
3. Definitions: Detailed definitions of technical terms, the Technology being transferred, and other key terms used throughout the agreement
4. Scope of Technology Transfer: Detailed description of what is being transferred, including any limitations or restrictions
5. Grant of Rights: Specific rights being granted, including any territorial or field-of-use restrictions
6. Transfer Process: Steps and timeline for implementing the technology transfer
7. Payment Terms: Financial terms including upfront payments, royalties, and payment schedules
8. Intellectual Property Rights: Ownership and rights related to the technology, including improvements and derivatives
9. Confidentiality: Provisions for protecting confidential information exchanged during the transfer
10. Warranties and Representations: Guarantees regarding ownership, right to transfer, and technology functionality
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. Term and Termination: Duration of the agreement and circumstances for early termination
13. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Training and Support: Details of technical training and ongoing support if included in the transfer
2. Quality Control: Standards and procedures for maintaining quality in technology implementation
3. Export Control: Required for technology with potential dual-use applications or subject to export restrictions
4. Improvement Rights: Rights and obligations regarding future improvements to the technology
5. Source Code Escrow: For software-related transfers, provisions for source code protection
6. Performance Metrics: Specific performance standards the technology must meet
7. Regulatory Compliance: Specific regulatory requirements for regulated industries
8. Data Protection: GDPR compliance provisions if personal data is involved
9. Competition Law Compliance: Specific provisions ensuring compliance with EU competition law
1. Schedule 1 - Technical Specifications: Detailed technical description of the technology being transferred
2. Schedule 2 - Transfer Timeline: Detailed timeline for the implementation of the technology transfer
3. Schedule 3 - Payment Schedule: Detailed breakdown of payments, royalty calculations, and payment terms
4. Schedule 4 - Technical Documentation: List of all documentation to be provided as part of the transfer
5. Schedule 5 - Support and Maintenance: Details of any ongoing support and maintenance obligations
6. Schedule 6 - Acceptance Testing: Procedures and criteria for acceptance testing of the technology
7. Appendix A - Contact Details: Key contacts for both parties for various aspects of the agreement
8. Appendix B - Required Certifications: Copies or details of required regulatory certifications
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