WHAT IS TECHNOLOGY TRANSFER?
Technology Transfer is the process where the technological creation/advancement so made is made to be available to the larger world. The technological transfer also involves the transfer of the procedure and the technological skills so involved and such is an inherent part of the technological transfer process.
The Technological transfer is a very complicated process and it do not only focus on the scientific aspect but also to non-scientific and other technical aspects which are important part of Transfer of technology which involves risk management, Intellectual Property management, Finance management etc.
The Technology can be transferred in two mode:
- Tangible Knowledge
- Intangible Knowledge
Tangible refers to something which can be seen and touched. Tangible knowledge refers to the information which is available in physical form. This includes machinery equipment, apparatus, Technology Management agreements, etc.
Intangible Knowledge refers to the information which is not available in the physical form for example skills, techniques, methods etc. which is not available in tangible form.
Further technology transfer involves three steps. They are:
- Preparation:- This step includes the formation of the technology which is technical in nature and only then it will be Patentable as random ideas, scientific theories, data presentations cannot be patented. Thus, the formation of the technology should be the root to technological advancement which brings benefit to the society as well as the scientific world. This step involves formation of blue prints, elaboration of the processes, determination of what the technology will provide and for what can be used, technology planning, understanding the risks involved, if any etc.
- Installation:- After the preparation of what the technological advancement would be the next step refers to installation of the technology. It determines the cost involved, manpower required, the requirement of space, safety measures, approval of the government, determination of hazard, area of installation, distribution process, transportation, warrantees and guarantee’s, establishment of liability.
- Utilization:- Utilization refers to use of the Technology transferred for which the same has been created. The utilization aspect also refers to how and for what the technology has been transferred and the purpose of its use. The purpose of use and actually how it is used should be same and should not collide with each other. It also includes the determination of the factors like environmental factors, human safety, factors relating to hazard etc.
WHAT ARE THE LEGAL ASPECT INVOLVED IN TECHNOLOGY TRANSFER?
The Legal aspects which are to be considered in respect of Technology Transfer are as follows:
- Restriction of Import and Export
- Technology Rights
- The aspect of Non-Disclosure
- Guarantees and Warranties
Restriction of Import and Export
Whenever there is the involvement of import and export there is also another aspect that is to be taken care of i.e. the trade barriers and also the aspect of prohibited catalogue of goods which refers to the goods that cannot be imported or exported. Thus, when it comes to Technology transfer, import and export of the same comes within the purview. It is important to understand the legal validity whenever an import and export of Technology is taking place and that there is no restriction or barrier in the same.
Technology rights means and includes the information relating to goods, which are not covered by a patent or patent application. It includes the technical and non-technical information, methods, procedures, techniques, processes, formulae, designs, protocols, plans, site-plans etc.
Guarantees and Warranties
The guarantees and Warranties are an important part when it comes to the part of liability. It refers that what will happen if the technology so transferred do not meet the requirements the fulfillment of which has been promised by such technology transfer agreement signed between the Transferor Country to the Transferee. This is the most important part as it decides the extent of liability of the Transferor Country.
Technology patents refers to the ownership and the legal right of the inventor on his/her invention. The presence of patent helps in free flow of technology and knowledge while such information so disseminated stands protected under the Patent law. This acts as a support that the technological invention will not be exploited by any individual. Obtaining patents are important so as to safeguard the rights of the inventor and also to make sure any malicious and illegal activities are not committed against the invention.