Technology transfer is the process by which a technology, expertise, know-how or entities developed by a person, 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 transfer can take place from one country to another, from one industry to another or from a research laboratory to an existing or new company. Technology transfer leads partners to pool their know-how to open up new markets, market a new product or service, or improve an existing product or process and achieve faster commercialization of their products and services1. The legal relationship between the beneficiary and the purchaser is essentially contractual, which means that the licensor of the technology accepts the transfer and the acquirer accepts the acquisition of the rights, authorisation or know-how in question. There are different methods and legal agreements that make it possible to transfer or acquire the technology, for example. B by selling or assigning IP rights or a license agreement. Technology transfer agreements that result in an abuse of market position by imposing inappropriate conditions or imposing conditions other than those which are indispensable for the protection of those intellectual property rights would be considered anti-competitive. The following cases of technology transfer agreements can be described as anti-competitive, such as: B.: (1) PatentPooling, which brings together two or more companies and mutually concedes technology that relates to a given technology in order to prevent others from acquiring it.
(2) Enter into agreements to link one product to another patented product, so that the purchaser must also obtain the other product from the patent owner. (3) Prohibition on the licensee using the technology of competing undertakings. (4) Prohibit the licensee from questioning the validity of intellectual property rights. (5) Prices charged to the licensee for the sale of the licensed product, etc. Such clauses imposed by the holder or licensee of the holder or licensee in technology transfer agreements are considered anti-competitive for the market and are therefore not valid2. Some of the agreements described above in technology transfer agreements may have a negative impact on the prices, quantities, quality or varieties of goods and services that fall within the contours of competition law, unless they are in adequate opposition to the ip rights package. Therefore, the inappropriate conditions do not fall within the protection of section 3(5) of the Competition Act 2002 and, therefore, the Competition Commission of India may be invited to become aware of an anti-competitive agreement under section 19 of the Competition Act 2002, and such agreements may be annulled. CONSIDERING that the Supplier and the Buyer have agreed to enter into a supply contract („Contract“) which will serve as the general framework for the delivery of [**], [**] and [**] and [***] by the Supplier to and govern the Buyer or its related companies; and there are different types of contractual relationships through which technology can be transferred. Companies and institutions must assess on a case-by-case basis what type of relationship is most appropriate and negotiate the specific terms to be included in the agreement. A number of market factors, as well as factors that are internal or specific to the technology in question, influence the type of agreement reached between the two parties….