international transfer of technology

Question 1

what is the main framework for protection of IP right in I. Transfer of technology?

Answer 1

the TRIPS framework. (ADPIC en DEI), it covers the trade of every aspect of IPR, covers all IP

Question 2

What parts does it cover (TRIPS)?

Answer 2

MFN (most favoured nation clause and national treatment, substansive productions of IP (conditions for protection), enforcement, dispute settlement.

Question 3

What does the suspension of release by custom authorities do ?

Answer 3

Custom authorities have to keep the goods if they suspect they are counterfeit. But it only applies to 2 kinds of goods : Trademarks and copyrights

Question 4

what is a contract of transfer of technology?

Answer 4

whenyou own some kind of technology and want to transfer it to someone else you can : trasnfer the right (property transfer) or transfer under a form of license (right to use it)

Question 5

what is ex officio action ?

Answer 5

art 58 of TRIPS : you can request action from the custom auth. and they sometimes may inspect goods ex officio, by their own action. The TRIPs member states are allowed but not compelled to have this ex officio examination.

Question 6

what is a chain of licenses ?

Answer 6

the lifecycle of a transfer of technology is punctuated by a lot of contracts so there are very often chains of contracts, chain of licenses. Each license has to go by the rule of the previous one.

Question 8

how do we know a company is the owner of a patent ?

Answer 8

1. Employee is doing the work and research during work hours –> company is owner
2. E. Is doing research during weekend w his own material : he is the owner
3. E takes material from company home and uses so presumption of ownership of company, except if the E filed his name on patent first.