Our clients are innovative.
We want to meet them at eye level.

The combination of industry focus, profound legal expertise and a high affinity for technology allows MAYRFELD to provide legal advice in connection with the development and commercialization of technologies that have not yet been fully legally classified or covered by legislation.

Counseling clients in the technology sector requires due consideration of the corresponding industry specifics and the regulatory framework. In the development process for example, we deliver focussed legal counseling tailored to the respective development steps and stages in product development – regardless of whether based on your own research and development or whether based on acquired third-party technology.

MAYRFELD counsels clients on all legal aspects from idea to product, from development to manufacturing and distribution, in connection with the internal protection and the group-wide pooling of IP rights, the structuring of employee invention schemes, or the acquisition or in-licensing of third party rights.

MAYRFELD advises on regulatory product classifications, when cooperating with research & development partners, and on the involvement of third parties such as contract manufacturers, OEM- or distribution partners.


In the technology arena, MAYRFELD advises clients with a focus in the following industries:

Research & Development
Novel technologies require novel legal approaches. Innovation means going beyond known technological limits and does not know territorial borders.

Difference and innovation bring about change. However, only avant-garde enables you to cut the edge.

Our experience has shown that – in particular in the technology area – legal advice cannot be provided without due consideration of the industry specifics or the regulatory environment.

Developing novel products is subject to an ongoing technological and legal change. Given the increasing complexities in research and development, co-operations among industry and scientific partners significantly gain importance. At the same time, the market has developed exceptionally differenciated co-operation structures to account for the necessities that come along with the external

financing, public funding, ownership and exploitation of IP-rights, or the various regulatory requirements in connection with conducting innovative R&D projects.

In this context, a profound knowledge of the various parameters and available legal structurings is decisive to provide the right legal framework for technical ingenuity to develop its full impact.

We counsel our clients in all legal aspects related to the development of technology from co-operative to proprietary development, the collaboration among various players from research and industry to the establishment of industry standards – such as the structuring and implementation of

  • Research & Development Cooperations
  • Strategic Alliances
  • Industry Standards
  • Material Transfer Agreements
  • Non Disclosure Agreements
  • Excellence funding (e.g., Horizon 2020, etc.)

Representative R&D projects led by partners of the firm include he representation of

  • a Fortune 500 company in connection with the establishment of an industry standard for car navigation systems
  • a German biotech company in connection with the development and commercialization of a tissue implant, related regulatory issues, and the structuring of an EU-wide and EU-sponsored multicentric observation study
  • a German diagnostics company on the implementation and completion of an EU-sponsored, multinational R&D project regarding the development of a new diagnostic rapid test
  • a German biotech company in connection with a research and development co-operation with an Indian pharma company on the development of a new drug target or
  • an U.S. biotech company in connection with the licensing of biomarkers to a major Swiss multinational diagnostics company.
Know-How Protection
Successful innovators rely on the impact of legal protection to successfully unleash the full power of their creativity.

We think that the protection of IP in a corporate context requires an holistic approach and cannot merely be implemented on a punctual basis.

Efficient know-how protection can only be achieved in a closed system. Any negligence in protecting your IP and/or Know-How can cause a significant dilution of its value or obliterate it in its entirety.

IP and Know-How originates from a personal creation or idea. Prior to their corporate exploitation both, IP and Know-How, need to be made available to the company. Now, protection is perfected, e.g., by the filing of a patent application or through institutional know-how protection. The task is then to make the IP available to the corresponding exploitation channels without allowing its unauthorized disclosure. We advise on all legal aspects in connection with the lifecycle of your IP and Know-How – from conception to commercialization.

In case of patent applications, we co-operate with hand-selected patent attorneys. In this context, we advise on the optimization of Know-How and IP protection within the company and towards third parties (e.g., through the filing of a patent application or through institutionalized Know-How protection). We then assist our clients with putting their Know-How in the relevant exploitation channels and at the the implementation of contractual measures to avoid its unauthorized disclosure (e.g., by implementation of NDAs).

We advise our clients on all legal aspects related to IP and Know-How protection within its life-cycle from conception to commercialization.

We assist our clients in the implementation of, e.g.,

  • employee invention schemes
  • Know-How protection measures in employment relationships
  • contractual protection of confidentiality (NDAs), or
  • the structuring of consistent protection measures internally and externally.

Moreover, we advise our clients in the advantageous use of product approvals (e.g., in the area of life sciences), in the protection and use of clinical data, and the possibilities of protection by trademarks, design rights, and trade dress.

Members of the firm have implemented know-how protection measures in connection with the

  • establlishment of Employee Invention Scheme for German R&D unit of North American manufacturer of smartphones.
  • structuring and negotiation of various NDAs for R&D units in the area of telecommunications.
  • structuring and negotiation of various NDAs for R&D units and R&D projects in the life-sciences industries.
  • structuring confidentiality and internal information flow, including employee confidentiality, employee invention scheme and external confidentiality for mobile Telekommunication business
  • structuring of confidentiality schemes for employees, consultants and other third party service providers
  • structuring of confidentiality schemes for (cross-border) corporate transactions (e.g., M&A and joint ventures) and for (crossborder) operational projects (such as sales, distribution, marketing)
Technology Acquisition
Getting beyond the learning curve.

The acquisition of innovative technology provides either an alternative or complementary strategy to conducting own research for product development.

Technology can be acquired in multiple ways. Technology acquisitions can create beneficial dynamics in the development process as compared to conducting own development efforts from scratch. Similarly, the sale of certain unwanted or unnecessary technology can create advantages in connection with the consolidation of your corporate or development strategies.

We advise on the acquisition or sale of patented technology or Know-How, the sale of licenses, or on the acquisition or sale of the corporate vehicles holding certain technologies.

Not all technology acquisitions are created equal.

We have long-standing expertise in counseling national and international companies in connection with the implementation of the available vehicles from license agreements, the acquisition of patent portfolios to M&A-transactions in the technology area. We provide comprehensive advice ranging from due-diligence exercises, IP-pooling or the handling of post-closing matters – depending on the desired level of ownership or the necessity of acquiring related personnel expertise in addition to the desired technology access.

Partners of the firm have acted as lead counsel for

  • a Fortune 500 technology company in the acquisition of a German software development company
  • a Fortune 500 company in the acquisition of a patent portfolio on speech recognition technology in connection with the acquistion of a speech recognition business of a German car manufacturer
  • an S&P 500 company in the acquistion of a patent portfolio and post-closing pooling of IP rights in connection with the acquisition of the aerospace business of a German technology company
  • a Fortune 500 company in the acquisition of a DVD-development unit or
  • Fortune 500 companies as well as various German an international companies on the in- and out-licensing of patented technologies in the biotech, drug development, software development, telecommunications, metal works, and other industries.
Licensing & Commercialization
Setting the rules of engagement for your IP.

The development and manufacturing of innovative products and technologies offers many opportunities for exploring necessities or possibillities for the in- or outlicensing of technology.

MAYRFELD advises from the necessary in-licensing of complementary technologies, the out-licensing of secondary products, a group-wide technology pooling, complex licensing structures in the creation of industry-standards, to open source scenarios.

We advise on all matters related to the in- or out-licensing of technology under due consideration of the relevant industry-specifics. Beyond standard licensing terms and conditions, we turn our attention to the intersections with your business such as impacts by regulatory requirements, the corporate safeguarding of employee inventions, or the intra-group pooling of IP rights and licenses.

We provide comprehensive legal advice in connection with the licensing and commercialization of IP rights, including, without limitation representation in the drafting, structuring and negotiation of:

  • license agreements related to the licensing of patents, Know-How, software, trademarks
  • pooling of IP rights and intra-group licensing to affiliates
  • structuring of licensing and commercialization structures in R&D co-operations
  • setting-up of cross-licensing structures for industry standards
  • advice in connection with the licensing of standard essential patents
  • advice in connection with sublicensing and the sale and acquisition of licenses.

Representative licensing transactions handled by members of the firm include the representation of

  • a German biotech company in connection with the out-licensing of technology to a leading U.S. university hospital
  • a German diagnostics company in connection with the licensing of a specific luminousity technology for the development of diagnostic products
  • an European association of pharmaceutical companies in connection with the licensing of various content for the localization of a scientific web-site on laboratory medicine for the German, French, and Italian markets.
  • a German biotech company in connection with a patent license agreement with a U.S. pharmaceutical development company.
  • a North American provider of mobile email solution on standard form software license agreements for use in connection with introduction of new handheld device and back-end solution in Germany.
Discourse with regulators can help, but regulators cannot shape strategy.

Regulations put limitations to creativity. Some are good. Some are less good. With some you can work. However, you have to know them all.

The technology market experiences a continuously increasing level of regulation. However, even in non-regluated markets specific legal requirements apply to the market players.

On the one hand, regulatory requirements increase with progressing technological complexity such as, e.g., in the life sciences industry. On the other hand, other – so far non-regulated – areas experience additional or new regulatory requirements with the acquisition of novel product features as we can see, e.g., with the growing digitization in the automobile industry.

Although the regulatory framework in general is tied to the manufacturing and commercialization of a product, the relevance of regulatory requirements shifts to a considerably earlier stage in the product development process: often the regulatory requirements that need to be met upon commercialization already need to be considered in the research and development phase. Business perspectives can also make it inevitable to consider the regulatory framework already during product design for securing a later return of investment.

We advise our clients in handling the continuously changing regulatory framework in their industry, when applying and interpreting regulatory requirements, from general compliance matters to representation in approval proceedings.

In particular, we are involved in the regulatory classification of products (e. g. therapeutics), compliance with applicable data protection regimes, the conduct of clinical studies, or the approval of therapeutical products.

Representative projects led by members of the firm include the representation of

  • a German biotech company in connection with the regulatory classification of a novel tissue preparation
  • a German biotech company in connection with the withdrawal of a regulatory approval for a novel therapeutical product
  • a German diagnostic company on regulatory issues in connection with the distribution of diagnostic products
  • a NSDAQ-listed technology company in the introduction of a system for email-based telecommunications in Germany
Quality Assurance
Turn needs into opportunities.

The job of engineering is to make it work once, while the task of quality assurance is to make it work all the time.

A good quality assurance system and its proper contractual implementation is crucial for your product’s success on the market.

Establishing standards for quality assurance – for internal purposes as well as external co-operation – does not only serve customer satisfaction, approval proceedings or conformity assessments, but also assists in the allocation and separation of responsibilities and in the clearance of warranty issues.

Setting-up technical quality assurance procedures is different from implementing quality assurance systems on an enforceable contractual level. Albeit in certain industries the bulk of quality assurance requirements is set forth by legislation, in a co-operation the allocation of the corresponding responsibilities is often subject to negotiation.

This is where our industry focus chimes in and provides us with the necessary background to combine the technical necessities with legal requirements.

We have long-standing experience in the contractual implementation of quality assurance systems from the demarcation of responsibilities, the implementation of warranty regulations to the structuring of QA audits.

Further, we assist our clients in employee training aimed at providing a consistent level of knowledge on the related legal requirements among our clients’ team members.

Representative projects led by members of the firm include the representation of

  • a German biotech company on the structuring of quality assurance agreements in connection with the cross-border transfer of human tissue to several EU Member States and to third countries outside of the EU
  • a German precision engineering company on contractual implementation of quality assurance mechanisms in connection with long-term supply relationship
  • of a German diagnostics company in the context of ensuring internal quality assurance and on compliance with regulatory quality assurance requirements.
  • Furhter we provide trainings to e.g., quality assurance officers (such as responsible persons, qualified persons, production managers or heads of quality control pursuant to pharmaceutical rules and regulations).

Manufacturing & Distribution
The genesis of your product.

Manufacturing and distribution are key to your ROI.

Safeguarding your distribution systems as well as sustained protection of corporate revenue form the economic pillars of your business.

Product launch in the realization phase is an ubiquitous process. Different countries, different customs. The interplay of business expectations, the regulatory framework, and different jurisdictions requires creativity and the identification of rooms to manoevre – local as well as cross-border. In the technology sector, the possibilities to exploit your developments are numerous. A product’s success, however, is not only determined by its sales but also by the appropriate legal protection of component sourcing.

We regularly advise our clients in connection with the sourcing of raw materials, or the safeguarding of production capacities, as well as the establishment or expansion of distribution channels nationally and internationally under due consideration of the related specifics of the relevant industry sector.

We assist our clients in their educated choice and implementation of the most suitable form of distribution, issues of OEM-production, or the contractual safe-guarding of vigilance systems.

Representative projects led by members of the firm include the representation of

  • NASDAQ-listed telecommunications company in connection with the execution of supply agreements on handheld devices with major German telecommunication provides in connection with market introduction of new handheld device in Germany
  • a German precision engineering company in connection with the establishment of an own distribution system in the UK and in various GUS-countries
  • a German diagnostics company in connection with the establishment of an own distribution system in Latin America.
  • a German biotech company in connection with the distribution of pharmaceutical source material or
  • a German precision metal company in connection with Kanban-based long term supply and distribution agreement.
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