Technology transfer agreements in the Brazilian Innovation Law: the impact of exclusivity on the exploitation of technology/ICT patent by third parties

Abstract

This paper aims to address the technology transfer and licensing contracts between public STIs and third parties interested in exploring their technologies, according to article 6 of the Innovation Law, in order to identify the advantages and disadvantages of the exclusivity clause for both public STI and companies, notably, in relation to the procedure to be observed by the STI, its practical problems and the possible adoption of sole licensee and priority to license clauses. For that, the methodology used is the theoretical research of bibliographic and documentary nature, with the reading and interpretation of the legislation, scientific articles and case law, starting from the inductive method to elucidate the formulated problem. It is believed that the transfer of technology between public STI and companies brings greater efficiency in the interaction between them in the production of technological innovation and in economic progress, and its practice should be facilitated and fostered, observing and aligning the economic and social interests of both parties. In this context, the exclusivity clause and its derivations play a prominent role in encouraging technological cooperation between public STI and private entities, due to the economic advantages of such clause for both parties.