Course overview
Whether you are from a large or small business, a research institution, university, government agency, pharmaceutical or biotechnology company, or an IT or software company, this training course offers a comprehensive overview of all the key matters to be considered - by the licensor/transferor and the licensee/transferee - when dealing with international technology transfer and licensing agreements.
The training course will consider recent changes to EU competition law, including a look at the new Block Exemptions on vertical agreements (Commission Regulations (EU) 2022/720) and research and development agreements (Commission Regulation (EU) 2023/1066).
Technology transfer and licensing agreements are frequently used by commercial entities and public or quasi-public bodies for the development of new business prospects and for cross-border expansion. These agreements are essential tools to promote innovation, collaboration, and economic development by allowing the efficient transfer and commercialisation of valuable technologies and intellectual property.
Technology transfer and licensing agreements can be complex and require expertise to ensure the interests of both parties are adequately protected. It is crucial to carefully negotiate and draft these agreements to avoid potential disputes and ensure a successful technology transfer process.
This two-day training course gives practical advice on the legal and commercial considerations which are essential for securing a successful agreement. It has been specially designed to cover all the crucial topics, the risk areas and pitfalls to be aware of and focusses on how to negotiate the best deal for your business. Particular attention will be given to the Block Exemptions and their impact on drafting.
The expert trainer uses practical exercises and case studies to help embed the learning and build essential operational know-how. There will be ample time to ask your specific questions and to get practical solutions to take back to your workplace.
This training course is not jurisdiction specific and is therefore ideal for those working both in the UK and overseas.
Benefits of attending
By attending this training course you will:
- Understand how to critically review the terms in international technology transfer and licensing agreements
- Learn how to assess the benefits and concerns of the contracting parties under an international technology transfer and licensing agreement
- Gain knowledge of EU law governing international technology transfer and licensing agreements
- Review the impact of the Brexit Withdrawal Agreement
- Draft and negotiate key terms in an international technology transfer and licensing agreement more effectively
- Effectively negotiate royalty rates to the best commercial advantage
- Appreciate and be able to better advise on cross-jurisdictional concerns and key terms
CPD Hours: 12
Course Content
- Day 1
- Competition law - introduction
- PRACTICAL EXERCISE: A101
- Competition law - technology-related block exemptions
- PRACTICAL EXERCISE: VRBER and TTBER
- Technology transfer agreements
- PRACTICAL WORKSHOP: Review of a technology licence
- PRACTICAL WORKSHOP: Review and negotiation of a technology licence
- Day 2
- Dispute resolution mechanisms
- International contract disputes
- PRACTICAL EXERCISE: Jurisdiction, choice of law and recognition and enforcement of foreign judgements
- R&D agreements
- Ancillary agreements
- PRACTICAL WORKSHOP: Review of a R&D agreement
Speakers
Michala Meiselles
Michala Meiselles is a solicitor in England and Wales specialising in international business law, cross-border transactions and compliance. She has been working as a lawyer since 1994 and qualified as a solicitor in 1999. Starting off her career at Berrymans Lace Mawer, she has since worked in private practice and as in-house legal counsel for local government.
Over a decade ago, Michala created her own dedicated consultancy firm, which she presently directs, providing business and legal solutions to multinationals, public sector entities and international organisations. In her work as a solicitor and international lawyer (operating in England, France, Canada and the US), she advises on compliance (inter alia anti-bribery and corruption, anti-money laundering and sanctions), trade finance, import and export, licensing, distribution, agency and foreign direct investment.
Michala is also a senior law lecturer at Derby Law School, where she teaches undergraduate and postgraduate law, and a visiting professor of law at Université Jean Moulin (France) and the Law School of University of Western Ontario (Western Law).
She is author of a book entitled ‘International Commercial Agreements - An Edinburgh Law Guide’ published by Edinburgh University Press (2013) and has published several articles. She is presently writing a book on international licences covering technology transfer agreements, competition law and cross-border dispute resolution for Oxford University Press.
