Technologic Contracts

Technologic Contracts

1. The processes of dTechnology sector professionals are required to lead digital transformation processes along organizations, therefore, it is important to be able to analyze advantages, disadvantages and opportunities from the use of different types of technologic contracts

   • Technological contracts
     • "Technologic contracts become a technological relationship, in which rights and obligations are created, transmitted, modified or extinguished to trade technologic objects." Within the parts that are included in this contract, it is essential to understand the technologic object, which, according to Behar Quiñones, G., & Yáñez Figueroa, A. (2014) “specifies the objective, functionality, operability, form of transmission, legal nature, maintenance and specifications or particularities of the system (software) or hardware”.
   • Software contracts
     • 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 Hardware contracts are more easy to define given that there is a tangible object to trade. The following are the must common contracts:
       • Contract of sale
         • Contract of test and purchase
           • Contract of lease
             • Contract of financial lease
   • License agreement
     • Licensing Agreement Depending on the bargaining power of the parties and the technology involved, the license can be granted by an agreement, but terms can vary widely according to the following elements:
       • Exclusivity
         • Transferability
           • Revocability
             • Territory
               • Payment
                 • Term
   • Licensing
     • Licensing is one of the must common mechanism used to transfer technology. According to Ryder, R. D., & Madhavan, A. (2014) in order to define the scope of a license in a technology negotiation, it is necessary to define the following ítems: 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

2. Conclusions 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.