Technology transfer
What is Technology transfer?
Technology transfer is the process by means of which, knowledge, information, methods and/or techniques related to the production, use and application of technologies, are transmitted from one individual, company, organization to another individual, company or organization.
What can be considered as Technology transfer?
Technology transfer can be carried out in different ways, including the licensing of know-how or patents, among others.
FAQs about Technology transfer in Argentina
The regulations governing the Technology Transfer regime in Argentina are: Technology Transfer Law No. 22,426 and its Regulatory Decree No. 580/1981, as well as INPI Resolutions P-328/2005 and 117/2014.
Article 1 of the Technology Transfer Law establishes that “This Law covers legal acts for valuable consideration which main or accessory purpose is the transfer, assignment or license of technology or trademarks by persons domiciled abroad, in favor of individuals or legal entities, public or private, domiciled in the country, provided that such acts have effects in the Argentine Republic”.
The registration of agreements in which technology or
trademarks are transferred to a company domiciled in
Argentina by another company domiciled abroad brings
fiscal and tax benefits (conf. section 104 paragraph a of
the Income Tax Law).
On the other hand, Resolution INPI 117/2014 implemented a
voluntary registration of technology transfer and license
agreements of trademarks, patents, utility models,
industrial models and designs, entered into between
parties domiciled in the country, as well as from a party
domiciled in Argentina to another party domiciled abroad.
The advantage of making this registration is that it gives
a definite date and publicity to the transfer.
According to Regulatory Decree No. 580/1981, “technology” means: patents of invention, industrial models and designs and all technical knowledge for the manufacture of a product or the rendering of a service.
According to Resolution INPI P-328/2005, the following
services shall not be considered as technology:
(a) The acquisition of products.
b) services of technical assistance or consulting
services, as well as licenses of know-how or information,
knowledge or application methods in the financial,
commercial, legal, marketing or sales areas, to prepare
the participation in bids, contracting contests or
obtaining of permits, placement of titles or similar, as
well as all those services that do not evidence in a clear
and concrete manner, the effective incorporation of a
technical knowledge directly applied to the productive
activity of the local contracting party.
c) Licenses for the use of software or software updates.
d) Repair services, repair supervision, maintenance, plant
or machinery start-up, etc., which do not include the
training of the local firm’s personnel.
e) In general, all activities that represent the direct
contracting of tasks inherent to the current operation of
the local firm.
Our services about Technology Transfer
Non disclosure agreements (NDAs)
NDAs are used to protect confidential information, trade secrets, or know-how from unauthorized disclosure to third parties. They are key in commercial negotiations involving intangible assets, such as licenses, technology transfers, or collaboration agreements. At Legal Core Group, we draft NDAs tailored to the specific rights at stake and the needs of the parties involved.
Technology transfer agreements
Technology transfer agreements regulate the conditions under which a certain technology is transferred or licensed. At Legal Core Group, we advise on the drafting and review of technology transfer agreements to ensure they meet the legal requirements necessary for registration in Argentina and to secure the legal benefits that arise from their registration.
Recordal of Technology transfer agreements
The recordal of Technology Transfer agreements allows national companies that acquire technology from a foreign supplier or licensor to obtain tax benefits and provides publicity and certain date to the contracts entered into between local parties. At Legal Core Group we carry out the registration of technology transfer contracts, both between local parties and between local and foreign parties.