The Technology Partnership Agreement is a specialized contract used when two or more entities wish to collaborate on technology-related projects under Swiss jurisdiction. It is particularly relevant for situations involving joint technology development, shared intellectual property, or strategic technical collaborations. The agreement comprehensively addresses Swiss legal requirements, including compliance with the Swiss Code of Obligations, data protection laws, and intellectual property regulations. This document is essential for establishing clear parameters around technology sharing, development responsibilities, commercialization rights, and risk allocation. It's commonly used in various scenarios from software development partnerships to research collaborations, ensuring all parties have a clear understanding of their rights, obligations, and benefits while providing adequate protection for valuable intellectual property and confidential information.
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1. Parties: Identification and details of the contracting parties, including registered addresses and company details
2. Background: Context of the partnership, including the parties' expertise and reasons for collaboration
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Partnership: Detailed outline of the partnership's objectives, scope, and nature of collaboration
5. Rights and Responsibilities: Each party's specific roles, obligations, and responsibilities within the partnership
6. Intellectual Property Rights: Ownership, usage rights, and protection of existing and newly created IP
7. Confidentiality: Protection and handling of confidential information exchanged during the partnership
8. Term and Termination: Duration of the partnership and conditions for termination
9. Financial Terms: Cost sharing, revenue distribution, and other financial arrangements
10. Governance: Decision-making processes, management structure, and operational procedures
11. Representations and Warranties: Parties' assertions regarding their capacity, authority, and compliance
12. Liability and Indemnification: Allocation of risks and responsibilities for damages
13. General Provisions: Standard legal clauses including notices, amendments, and governing law
1. Data Protection: Specific provisions for handling personal data when the partnership involves data processing activities
2. Research and Development: Specific provisions for joint R&D activities when the partnership involves product development
3. Marketing and Branding: Guidelines for joint marketing activities and brand usage when public collaboration is planned
4. Non-Competition: Restrictions on competing activities when exclusivity is required
5. Personnel Exchange: Terms for staff secondment or exchange when the partnership involves sharing human resources
6. Export Control: Compliance with international trade regulations when the technology is subject to export controls
7. Source Code Escrow: Provisions for source code protection when critical software is involved
8. Disaster Recovery: Business continuity requirements when the partnership involves critical systems or infrastructure
1. Technical Specifications: Detailed technical requirements and specifications of the technology involved
2. Service Levels: Performance metrics, quality standards, and service level commitments
3. Project Timeline: Detailed timeline of partnership milestones and deliverables
4. Price List and Payment Terms: Detailed pricing structure and payment schedules
5. Governance Procedures: Detailed procedures for partnership management and decision-making
6. Security Requirements: Specific security protocols and requirements for technology and data protection
7. Contact Details: List of key contacts and escalation matrix
8. Approved Subcontractors: List of pre-approved subcontractors and their roles, if applicable
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