Just as important, though less obvious or glamorous, the benefits that come with product sharing are also called „freedom of use“ (FTO) or „right to use“ opinions. Overall, FTO means the possibility of further research, development and/or commercial production, marketing or use of a new product or process with minimal risk of violation of unauth conceded IP rights or third-party TP rights.1 The FTO product or process evaluation procedure is called FTO analysis. An FTO scan is performed by carefully breaking down the product or process into its basic components, and then checking all connected IP or TP rights. However, it is essential to note that an FTO analysis does not explicitly or implicitly designate absolute freedom of action, but is a risk management instrument whose purpose is to assess the likelihood of liability related to the new product or infringement procedure: an OTF is therefore an informed instrument, With reasons and calculations, the best estimate of injury liability in a given jurisdiction is reasoned and calculated for a given period (i.e., a snapshot of the contours, gorges and columns of the IP/TP rights landscape for the product or procedure in question).2 Commercial aspects of intellectual property rights (TRIPS) (concluded) An international agreement initiated within the framework of the World Trade Organization (WTO) General Agreement on Tariffs and Trade (GATT). , as part of Uruguay`s round of trade negotiations. The TRIPS agreement is the most comprehensive multilateral agreement on intellectual property, covering all INTELLECTUAL property instruments. It was the first ip-rights agreement that legitimized the patenting of living organisms. The TRIPS agreement contains guidelines for harmonizing intellectual property rights within the WTO. All WTO member states have significant TRIPS obligations. The FTO team leader chooses who will be part of the OTF team. FTO team members should include: the scientists who oversaw the project, the technology transfer staff and the technicians/assistants.
The latter are absolutely necessary, because they often know what really happened in the research, development and marketing of the products. The FTO team may also include businessmen (depending on the marketing phase) and possibly administrative staff. These may contain information about relevant communications, documents and agreements. It is also very important to note that the FTO team may or may not be the same as the customer. The actual customer could be, for example. B, a research institute, and the FTO team would be made up of collaborators. The concepts of exclusivity and OTF must be taken into account jointly to assess the relative risk or the appropriateness of pursuing a given business objective.