The Technology Assignment Agreement is a crucial document used when transferring ownership of technology assets from one entity to another under Austrian law. This agreement is typically employed in scenarios such as company acquisitions, technology sales, or reorganizations where complete transfer of technology ownership is required. It addresses all aspects of the technology transfer, including intellectual property rights, technical documentation, know-how, and related materials. The document ensures compliance with Austrian legal requirements, including the Civil Code (ABGB), Patent Act, Copyright Act, and Employee Inventions Act. It's particularly important for protecting both parties' interests and ensuring a clear and complete transfer of all rights and obligations associated with the technology.
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1. Parties: Identification of the Assignor and Assignee with full legal details
2. Background: Context of the technology development and purpose of the assignment
3. Definitions: Key terms including Technology, Intellectual Property Rights, Documentation, and Technical Information
4. Assignment: Core provisions detailing the transfer of rights and technology
5. Consideration: Payment terms and conditions for the technology assignment
6. Delivery and Implementation: Process and timeline for transferring the technology and associated materials
7. Representations and Warranties: Assignor's confirmations regarding ownership, right to assign, and technology characteristics
8. Confidentiality: Obligations regarding confidential information protection
9. Further Assurance: Obligations to execute additional documents and provide assistance
10. Governing Law and Jurisdiction: Specification of Austrian law application and dispute resolution
11. General Provisions: Standard boilerplate clauses including notices, entire agreement, and severability
1. Employee Inventions: Required when the technology was developed by employees, addressing requirements under Austrian Employee Inventions Act
2. Future Improvements: Optional section dealing with rights to future modifications and improvements
3. Third Party Rights: Required when the technology incorporates or depends on third-party components
4. Data Protection: Required when the technology involves personal data processing
5. Training and Support: Optional section for cases where technical training or support is part of the assignment
6. Non-Competition: Optional restrictions on Assignor's future activities, subject to Austrian competition law
7. Tax Provisions: Required for international assignments or complex tax implications
8. Export Control: Required when the technology is subject to export control regulations
1. Schedule 1 - Technology Description: Detailed technical description of the assigned technology
2. Schedule 2 - Intellectual Property Rights: List of patents, copyright registrations, and other formal IP rights
3. Schedule 3 - Technical Documentation: List of all documentation, manuals, and technical materials included
4. Schedule 4 - Payment Schedule: Detailed breakdown of payment terms and milestones
5. Schedule 5 - Delivery Protocol: Specific procedures and requirements for technology transfer
6. Appendix A - Third Party Licenses: Copies or details of relevant third-party licenses
7. Appendix B - Employee Confirmations: Required confirmations from involved employees under Austrian law
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Biotechnology
Manufacturing
Automotive
Electronics
Telecommunications
Research and Development
Pharmaceuticals
Medical Devices
Clean Technology
Artificial Intelligence
Industrial Automation
Consumer Electronics
Defense Technology
Relevant Teams
Legal
Intellectual Property
Research and Development
Innovation
Commercial
Technology Transfer
Corporate Development
Patent
Information Technology
Product Development
Relevant Roles
Chief Technology Officer
Head of Legal
Intellectual Property Counsel
Legal Counsel
Technology Transfer Manager
Research Director
Innovation Manager
Patent Attorney
Commercial Director
Head of Research and Development
Chief Executive Officer
Chief Legal Officer
Technology Licensing Manager
Contracts Manager
Legal Operations Manager
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