حقوق الملكية الصناعية و إشكالات عقد نقل التكنولوجيا

Abstract

Industrial property rights are those rights that respond to new innovations such as inventions and utility models and can be considered a criterion for differentiation between developed and developing countries, given their economic and social importance. These rights include patents and drawings. Industrial property rights are considered to be the subject of a technology-free contract, and the latter is a legal construction indicating the consent of its parties to the contracting party that owns or possesses certain technology that it transfers to the other party. Similarly, the technology transfer contract carries with it several problems during the contract's conclusion phases, starting with the pre-contracting (negotiation) phase through which both the supplier and the recipient commit themselves to a significant problem of confidentiality before the next stage, which is considered to be the last in contracting after obligations such as insurance guarantee and technology transfer, in addition to the payment of the counterpart.