Steven McHugh Law Offices

Although a licensing agreement is a form of technology transfer agreement, technology may be transferred by agreements other than licenses.

For example, technology may be transferred by Cooperative Research and Development Agreements (CRADAs), by Commercial Service Agreements (CSAs), by contracts such as an engineering contract, a management contract, a technical assistance agreement or by business acquisitions such as direct foreign investment, wholly foreign owned subsidiary or by joint ventures.Technology transfer agreements are typically considered "high risk" contracts.

An opinion letter (Formal or Preliminary) is a letter outlining the results and conclusion of an examination (Formal or Preliminary) of a particular issue, such as whether an existing product is infringing a valid patent or whether a party has the right to use a product without infringing an existing patent.

As changes in tax laws, licensing practices, merger and acquisition activities and litigation activities have increased, so to has the importance of accurate and defensible intellectual property valuation. As such, the valuation and management of Intellectual Property has been identified as a key strategic corporate asset.

Unfair competition is typically a tort action that has caused economic injury to a business through deceptive and/or wrongful business practices and typically includes two categories of torts: 1) Torts that are meant to confuse consumers ("Unfair Competition") as to the source of the product; and 2) Torts that encompass "unfair trade practices".