Technology Transfer Agreements In India

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. The Competition Commission of India (ICC), established by the Competition Act 2002, is mandated to prohibit anti-competitive agreements that could or could have significant adverse effects on competition in the markets and also prohibits the misuse by companies of a dominant position in the market. The owner of the technology has every right to limit the infringement of its rights or to impose appropriate conditions necessary only for the protection of one of its intellectual property rights (section 3 (5) (a) to (f) of the Competition Act, 2002). However, the miracle of technology is not divine, and there are human efforts and laborious spiritual abilities that fit into conception and creation. Intellectual property is the term used for all works of an innovative mind that uses a person`s thinking, argumentation, creativity and analytical skills. Technology is man`s idea and has developed thanks to his intellectual skills. It is therefore perfectly in line with the definition of intellectual property. 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 in order to open up new markets, bring a new product or service to market, improve an existing product or process, and accelerate the commercialization of their products and services1. . . .

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