Technology transfer means the transfer of ownership or transfer of the right to use all or part of a technology from the owner to another party.
Types of technology transfer.
There are two types of technology transfer: transfer the ownership and transfer the right to use.
- Transfer of technology ownership: the right owner will transfer all rights of possession, use and disposition of technology to the transferee. In case the technology has been registered for industrial property rights, the technology transfer must be performed together with the procedure for transferring intellectual property rights in accordance with the law.
- Transfer the right to use technology: The right owner allows the transferee to use technology.
The main content in the contract of transferring the right to use technology:
- Exclusive or non-exclusive
- Is it transferred to a third party?
- Field of technology transfer?
- Right to improve technology?
- Territory of transfer.
The technology which can be transferred:
– Technical know-how (information accumulated and discovered in the technological research, production and / or business process of technology owners which can determine the quality and competitiveness of technologies and technology products);
– Technical knowledge of the transferred technology in the form of technological plans, technological processes, technical solutions, formulas, specifications, drawings, technical diagrams, computer programs, data;
– Solutions to production rationalization and technological innovation.
The transferred technology object may or may not be associated with the industrial property
#1. Technology objects encouraged to transfer:
High technology and advanced technology meet one of the following requirements:
– Creating new products with high competitiveness;
– Creating new industries and services;
– Saving energy and raw materials;
– Using new and renewable energies;
– Protection of human health
– Preventing and controlling natural disasters and epidemics;
– Clean production;
– Development of traditional industries;
#2. The technology is restricted from transfer in some cases for the purpose of:
– Protection of national interests;
– Protection of human health;
– Protection of national cultural values;
– Protection of animals, plants, natural resources and the environment;
– Implementing the provisions of international treaties which Vietnam is a member.
#3. The technology is prohibited from transfer if:
– Technology does not meet the law provisions on labor safety, labor hygiene, assurance of human health, protection of natural resources and the environment.
– Technology which creates products with adverse consequences on socio-economic development and adversely affect national defense, security, social order and safety.
– Technology is not transferred under the provisions of international treaties which the Vietnam is a member.
– Technology on the List of State secrets, unless otherwise provided by law.
Register the technology transfer contract.
After both party sign the technology transfer contract, it is necessary to register the technology transfer contract at the state office of science – technology.
Required documents for technology transfer in Vietnam
– The application for registering technology transfer contract,
– The copy or original version of the technology transfer contract,
– The copy or original version of the application for transferring intellectual property right (if any)
– Documents proving the status of parties to the transfer contract.
Time frame of filing an application for technology transfer in Vietnam.
Within 15 days of receiving dossier, the state office shall consider and decide to grant the technology transfer contract registration certificate; or the refusal notification which state the legal ground the refusal, so that the applicant may amend or add documents.
Works ABB Law may assist the client.
- Draft the technology transfer contract
- Prepare dossier, submit dossier and follow the status of the dossier.
- Give advice before and after the client sign technology transfer contract.