Glossary on technology transfer

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Know-how means a package of non-patented practical information (of a technical, commercial, administrative, financial or other nature), resulting from experience and testing, which is secret, substantial and identifiable.
License Agreement The contract under which the owner of an intellectual property right (‘licensor’) gives permission to another individual or entity (‘licensee’) to use this right for a period of time and within a defined territory. Without such permission, this use would infringe patent or trademark rights. Therefore the license can allow the licensee to legitimately use, sell, offer to sell, and import the invention protected by intellectual property rights (in this case, by patent). In return, in the majority of cases, the licensor receives royalty payments. Signing a license agreement does not transfer the ownership of the invention to the licensee.
Locarno Classification is an international classification system used to classify goods for the registration of industrial designs, and is administered by WIPO. This classification is currently used by more than 50 national offices and by organisations such as EUTM and WIPO.
Madrid System is an international system, managed by the World Intellectual Property Organization (WIPO), for obtaining and maintaining trade mark protection in multiple countries with a single application, in one language and under payment of one set of fees.
Material Transfer Agreement (MTA) is a contract governing the transfer of one or more materials, such as tangible research property (TRP), from the owner or authorized licensee to a recipient. This agreement is usually signed for research purposes only. MTAs usually prohibit the recipient from using the transferred materials for commercial purposes or outside of the agreement purposes. Some MTAs state that modifications to the material transferred to the recipient shall be treated as still being property of the provider of the materials. The transfer of physical samples of materials (such as cell lines, plasmids, transgenic animals, chemicals, etc.) does not mean the transfer of ownership of the materials or intellectual property rights.
Moral rights are personal rights granted to the creator of a copyrighted work, which consist of protecting the integrity and right of attribution of the work. These rights cannot be assigned or licensed.
Nice Classification is an international classification system for goods and services that is used for the registration of trade marks. The system is administered by WIPO and updated regularly. It currently comprises 45 classes in total: 34 for goods and 11 for services. The Nice Classification is used in around 150 IP offices worldwide, including organisations such as EUIPO and WIPO.
Non-Disclosure Agreement (NDA) see confidentiality agreement.
Non-Exclusive License is when the licensor retains the right to grant an unlimited number of licenses to third parties.
Non-profit legal entity means, in the context of Horizon 2020, a legal entity which by its legal form is a non-profit organisation or which has a legal or statutory obligation not to distribute profits to its shareholders or individual members.
Novelty is one of the three basic patentability requirements under the European Patent Convention. It means that the invention must not form part of the state of the art, that is, that it must never have been disclosed to the public in any way, anywhere, before the date of filing of the patent application (or before the priority date). See also: Industrial applicability and Inventive step.
Outcomes of the scientific and technological activities Outcomes of the scientific and technological activities means any tangible or intangible output of the R&D project, such as data, knowledge or information, that is generated in the R&D, whatever its form or nature, whether or not it can be protected, as well as any rights attached to it, including intellectual property rights.
Ownership of IP rights the state or quality of being an owner of a proprietary right. It enables its holder to exercise exclusive rights of use in relation to the subject matter of the IP and to restrict others from using these IP rights.
Patent is granted by a government agency which, as a result, grants the recipient intellectual property rights, which confers on its owner the exclusive right to prevent third parties from commercially exploiting - making, using, offering for sale, selling or importing the invention, which is protected by patent for a limited period of time (generally 20 years). Patent protection is granted for inventions, which are products or processes, provided that they are new, involve an inventive step and is capable of industrial application. In order to obtain patent protection, technical information about the invention must be disclosed to the public in a patent application.
Patent Attorney is a professional qualified in a scientific discipline and qualified to act in the obtainment of patent and design registrations.
Patent claim defines the subject matter and technical features of the invention which are 'claimed' by the applicant/owner for exclusivity. Claims are expected to be short and supported by description section of the patent.
Patent Pool a portfolio of patents in the same technology domain, generally owned by different parties who agreed to jointly license them.
Patentability Patentability is the ability of an invention to satisfy the legal requirements for obtaining a patent. The invention must be novel, contain an inventive step (or be non-obvious), be capable of industrial application and not be in certain excluded fields (e.g. scientific theories and mathematical methods, these inventions cannot be patented at the EPO).
Piracy an unauthorized copying, use, reproduction and/or distribution of materials protected by intellectual property rights for commercial purposes.
Plant Variety Right is a registered intellectual property right over a new, distinct, uniform and stable botanical variety awarded to the breeder who has created it.