Technologic Contracts

Technologic Contracts

1. It is important to analyze the advantages, disadvantages and opportunities of using different types of technology contracts to carry out negotiation and commercialization processes.

   • The different types of technological contracts available in the technological negotiation must be known
   • Technology contracts become a technological relationship, in which rights and obligations are created, transmitted, modified or extinguished to exchange technological objects.
     • Software Contracts
       • Commercial software:
         • software bought in stores with an established contract form that can’t be modified: Shrink Wrap Click Wrap Browse Wrap
       • Customized and specialist software
         • computer programs and platforms created specifically to meet the needs and specific processes of an organization:
           • Contract to grant a license for using the specialized and customized software: Turnkey contract
           • Contract to supply Software implementation services
           • Contract to supply Software maintenance services
           • Contract to supply Software development services
     • Hardware Contracts
       • Hardware contracts are more easy to define given that there is a tangible object to trade.
         • Contract of sale
         • Contract of test and purchase
         • Contract of lease
         • Contract of financial lease

2. Licensing

   • One of the most common mechanisms for technology transfer is licensing
     • The following is defined to define the scope of a license
       • The element of property to be licensed
       • The entity to whom the property is being licensed
       • The geographic extent of the license
       • The commercial extent of the license
       • The duration
   • Licenses may be granted through an agreement, but the terms may vary widely according to the following elements:
     • Exclusive
     • Transferability
     • Revocability
     • Territory
     • Payment
     • Term

3. Understanding the technology as an asset provides an opportunity to create value from innovation, whether it is a software or a hardware, there are a large number of options for its commercialization.

   • The different elements that must be included in a technological contract must be identified as a key factor for a successful negotiation.

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