Workshop on Negotiating International R&D and Technology Transfer Contracts – Intellectual Property Rights, Valuation and Dispute Resolution
November 12, 2010
The meeting is organized by the WIPO Arbitration and Mediation Center and the European Liaison Office of the German Research Organisations (KOWI), and supported by the European Association of Research and Technology Organisations (EARTO) and the Simplified FP7 Model Agreement (DESCA).
Flip Petillion will speak about "Choice of Law and Key Contract Provisions: (Co-) Ownership, Consequences for Breach of Contract and Dispute Resolution" and will be a panelist in the case study "Mediation Related to Royalty Rates Provision of License Agreements".
Informed negotiations and drafting of contracts in technology-based R&D projects, and subsequent agreements for commercialization of project results, are key to ensuring the success of these collaborations. For such negotiations to result in the creation of solid contractual framework, all parties should consider the issues surrounding the associated intellectual property (IP), the appropriate choice of law clauses, dispute resolution mechanisms and a range of other matters.
This workshop will provide an overview of relevant agreements including research and development contracts, material transfer agreements and licensing agreements. Leading professionals from universities, companies, technology transfer offices and law firms will present their experience and best practices. Discussion topics will include the use of model agreements and the consequences of choice of law clauses in terms of IP protection and the performance of the contract. Methods of valuating IP and the utilization of such assets in determining and negotiating royalty rates will also be addressed.
The purpose of the workshop is to bring together speakers from industry, universities, research organizations and technology transfer offices to present their extensive experience at the frontline of contract negotiation, drafting R&D agreements, technology transfer, IP valuation and alternative dispute resolution. The workshop intends to integrate perspectives and provoke discussion on these interrelated fields.
The faculty for this Workshop will consist of speakers from industry, universities, research organizations, technology transfer offices and the European Commission.
The Program will consist of sessions devoted to the following subjects:
- Overview – Agreements in R&D and Technology Transfer
- Best Practices and Model Agreements
- Contract Negotiations, Intellectual Property and Dispute Resolution in International Research Collaborations – Perspectives from Universities, Research Organizations and Companies
- Negotiating Royalties – Commercializing Intellectual Property Assets
- Choice of Law and Key Contract Provisions: (Co-) Ownership, Consequences for Breach of Contract and Dispute Resolution
- Drafting Alternative Dispute Resolution (ADR) Clauses
- WIPO ADR Procedures and Case Experience in Technology Transfer Intellectual Property Disputes
- Case study – Mediation Related to Royalty Rates Provision of License Agreements
Axel Clerens will be attending this event.
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