Know-How and Technical Assistance Agreement
Owners of patents, designs, copyright and other intellectual property rights in inventions often licence those rights to others as a way of exploiting their inventions.
This Know-How & Technical Assistance Agreement is designed for use alongside a manufacturing licence, where one party is allowed to manufacture an invention and also needs access to the know-how and technical support needed to do so.
Why know-how matters in manufacturing licences
Specifications alone may not be enough to enable a licensee to manufacture an invention. Know-how can be a valuable asset in its own right, so its use should be clearly controlled.
This agreement provides for the licensing of know-how, in the form agreed by the parties, together with technical assistance for manufacturing the relevant product or products.
How fees and technical assistance work
In exchange for an initial one-off fee, the owner of the invention, referred to in this agreement as the manufacturer, provides the know-how to the licensee.
Where technical assistance is requested, the manufacturer invoices the licensee in accordance with the agreed fee structure.
What should the schedules define?
The detailed scope of the know-how and technical assistance is left to the parties to agree and define in the schedules.
- the product or products covered by the agreement;
- the know-how to be licensed; and
- the technical assistance to be provided and the related fees.
The know-how schedule can include a full set of copies of the technical information or, for confidentiality or other reasons, a simple outline description of the information to be provided.
Intellectual property, confidentiality and protection
The agreement also covers intellectual property, confidentiality, warranties, indemnity, term and termination, post-termination matters, non-assignment, notices, force majeure, and law and jurisdiction.
A standard manufacturing licence designed for use with this agreement is also available.
Know-How and Technical Assistance Agreement is part of Business . Just £38.50 + VAT provides unlimited downloads from Business for 1 year.