All technology transfer contracts, including transfer contracts, including transfer contracts, do not come into effect until the date the technology transfer certificate or technology transfer licence is issued.8 j) Responsibility for securing the transferred technology. The Indian Competition Commission (ICC), established by the Competition Act 2002, is responsible for prohibiting anti-competitive agreements that have or may have significant negative effects on competition in markets and also prohibits abuse of dominant position by firms. The holder of the technology has the right to limit the violation of one of its rights or to establish appropriate conditions that are only necessary to protect one of its intellectual property rights (section 3, paragraph 5, points a) to f), of the Competition Act 2002). According to the 2018 World Economic Forum report, Vietnam`s ranking of technology transfer countries, Vietnam scored 4.1 points, ranked 89th overall and ranked 8th in the region, behind Cambodia, the Philippines, Indonesia, Thailand, Malaysia and Singapore. For example, Vietnam is considered to be a country with very low efficiency in technology transfer and tends to lag behind. Technology transfer is the process by which a technology, know-how or organization developed by an individual, company or organization is transferred to another person, company or organization. Technology transfer is the term used to describe the processes by which technological knowledge moves within or between organizations. Technology can be transferred from one country to another, from one industry to another, or from a research laboratory to an existing or new company. Technology transfer leads to partners who pool their expertise to open new markets, market a new product or service, improve an existing product or process, and secure faster marketing of their products and services1. Within 90 days of the signing of the technology transfer contract, the party required to register the technology transfer contract submits an application to MoST for a technology transfer certificate. Within 05 business days of receipt of the application, moST reviews and issues the certificate of registration of the technology transfer contract or requires that irregularities (if any) be completed and added with written reasons.
The technology transfer agreement must take into account the concerns of the university, the researcher, the government and the entity that puts the discoveries on the market. Among the issues that need to be resolved in a technology transfer agreement is who retains what rights to discoveries, who directs the future direction of research and, of course, who receives how much. The main means of assigning discovery rights is “technology transfer.” While a technology transfer agreement may relate to any type of license or transfer of intellectual property between the parties, technology transfer agreements are known as — and this article — the type of agreement by which a university grants research rights to a commercial enterprise. These agreements are the roadmap on how the discovery was put on the market by the laboratory. c) the transfer of the right to own the technology or the right to use the technology. The rest of this article deals with the issues that a lawyer should address when confronted with a client — whether it is a researcher, a university or a commercial organization involved in a technology transfer agreement.