In a number of global negotiations on the transfer of technology and knowledge, there are industry-led lobbying efforts to limit such transfers to measures that are on mutually agreed Page 2 of 27 terms (MAT), or voluntary and on mutually agreed terms (VMAT). Sometimes it is asserted that as a practical matter, the transfer of manufacturing know-how can only be provided through voluntary measures, and assertions are sometimes made that there is no legal basis for transfers of know-how, access to materials such as product samples and cell lines, or access to and the use of regulatory filings and data.
This note looks at one type of legal mechanism, competition law, and provides some examples of cases where the United States competition authorities have mandated the transfer of manufacturing know-how and access to materials and regulatory filings.
See also subsequent post by Arianna Schouten, "What measures do US competition authorities refer to in technology transfer mandates"