Download Technology Transfer in Biotechnology: A Global Perspective by Prabuddha Ganguli, Ben Prickril, Rita Khanna PDF

By Prabuddha Ganguli, Ben Prickril, Rita Khanna

Right here, the world's most sensible specialists impart their wisdom and adventure, many in print for the 1st time. via contemplating constructing nation markets, this e-book is the 1st really international consultant to know-how move, supporting businesses everywhere in the global to prevent high priced error in product improvement and to recuperate investments quick. person sections deal with trade-related features of highbrow estate rights, know-how move in future health and healthcare in addition to in agriculture and the surroundings.

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In particular, when the NDA does not give rise to a contract, the non-use clause may become very restricting and may block the development of the start-up. In the case of academics, one must be careful about the non-disclosure clause, as a scientist may not be able resist a publication in Nature or Science, even if his organization has signed a secrecy agreement. In view of the exponential development of contracts in the life science sector and the size of the parties concerned, public bodies or ‘big pharma’, it is not impossible to be confronted with a conflicting requirement – a non-confidentiality agreement.

13 Territory In the biology field, it is quite usual for the territories put in place to be the whole world. It is equally common for the company, often small in size, to possess patents only in the main countries capable of receiving this type of development, namely Europe, the United States, Japan and Canada. Under these circumstances, it may be questionable to pay or to arrange to pay royalties in countries where no form of protection exists. For this reason, it is always necessary to provide for an express apportionment of the royalties, corresponding, on the one hand, to the licenses in respect of patents and, on the other, to the know-how part, in the knowledge that only the latter part will be paid when the product or process is utilized from a country where no patent exists to a country where likewise no patent exists.

Exclusivity and right of sublicensing. Financial consideration, at least in the form of a price range. In the case of ‘R&D’, at least a research agenda and the corresponding financing. If a point causes problems during the initial exchanges, one must not forget to mention it in the MOU. If the negotiation has to be abandoned, one might as well do so straight away. 7 Material Transfer Agreements The MOU may take the form of a table in which the two parties’ proposals are set out. If they do not agree, each party can then assess its room for maneuver for the next meeting.

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