What is the difference between Intellectual Property Law and Technology Transfer ? Please analyze.
CS Professional · Intellectual Property Rights - Law and Practice · PYQS · December 2017
What is the difference between Intellectual Property Law and Technology Transfer ? Please analyze.
Answer & Explanation:
Intellectual Property (IP) refers to the creations of the human mind like inventions, literary and artistic works, and symbols, names, images and designs used in commerce. Intellectual property is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs. Intellectual property rights protect the interests of creators by giving them property rights over their creations. The TRIPS Agreement encompasses, in principle, all forms of intellectual property and aims at harmonizing and strengthening standards of protection and providing for effective enforcement at both national and international levels. Technology Transfer: As per Oxford Dictionary, 'Technology Transfer' is the transfer of new technology from the Originator to a Secondary User, especially from developed to developing countries in an attempt to boost their economies. As per Business Dictionary, Technology Transfer refers to (1) Assignment of technological intellectual property, developed and generated in one place, to another through legal means, such as, technology licensing or franchising. Or (2) Process of converting scientific and technological advances into marketable goods or services. In general, it denotes the sum knowledge, experience and skills necessary for manufacturing a product or products and for establishing an enterprise for this purpose. Transfer of Technology is a complex phenomenon necessarily involving rights, obligations, privileges and commitments of the parties to the transactions. The basic legal document is the license agreement for transfer of technology. If technology is transferred through licensing, stronger IPR protection results in greater innovation, and increased licensing. Licensing has the advantage to firms of higher profits due to lower production costs, but involves other costs in terms of contract negotiations, transferring the necessary technology and in the rents that the innovator must give to the licensee to discourage imitation. By reducing the risk of imitation, stronger IPR protection also reduces the costs of licensing, thus encouraging licensing and freeing up resources in innovation. Transfer of technology takes place through formal and informal channels. Some of the formals channels include trade, licensing, joint ventures, franchising, foreign patenting, and Foreign Direct Investment (FDI) while the informal channel include imitation and technology spill over. The technology transfer relates to voluntary or non-market transactions by which a firm gains access to technology developed in another country. Therefore, policies made to develop a strong IPR regime can help developing countries gain access to foreign technology. The impact of stronger IPR protection on technology diffusion is ambiguous in theory and depends on a country's circumstances. On the one hand, stronger IPR protection could restrict the diffusion of technology, with patents preventing others from using proprietary knowledge and the increased market power of IPR holders potentially reducing the dissemination of knowledge due to lower output and higher prices. On the other hand, IPRs could play a positive role in knowledge diffusion, since the information available in patent claims is available to other potential inventors. Moreover, strong IPR protection may encourage technology transfer through increased trade in goods and services, FDI, technology licensing and joint ventures. Despite this theoretical ambiguity, the diffusion of technology from countries at the technological frontier to other countries is considered the main potential benefit of the TRIPS Agreement, particularly for developing countries that tend not to innovate significantly. The other commonly used models of technology transfer are technical assistance agreement, patent and patent agreement, know-how agreement, engineering service agreement, the trademark agreement and other franchisee agreement. This all require a huge involvement of IP rights for the best implementation of technology transfer.
Topics: Intellectual Property Law
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