الحماية العقدية للمعرفة الفنية في عقد نقل التكنلوجيا دراسة مقارنة

جابر حميدي, أ . م. مالك; حسين محيسن, أ . م. د. سميرة

	الحماية العقدية للمعرفة الفنية في عقد نقل التكنلوجيا دراسة مقارنة
AL-Qadisiya Journal For Law and Political Sciences
Volume 11, Issue 2, September 2020, Pages 141-180 PDF (1.18 M)
Authors
أ . م. مالك جابر حميدي; أ . م. د. سميرة حسين محيسن
AL-Qadisiya Journal
Abstract
The technology transfer process is an intellectual process, and it arises between the countries from which it imports and the other imports, as the supplier provides the opportunity for the importer to access the information and experiences that he must provide to the importer, and to complete this process there must be cooperation and exchange between the two parties to the transfer process and be subject to a contract Technology transfer is the technical information that the technology exporter is obligated to supply to the importer, and this information is either the subject of a patent or is owned without obtaining a patent for it, and yet it is subject to legal dealings and circulation.Many problems have been raised about the term technology transfer, and there is no doubt that these problems are due to two reasons. The first is that the term technology transfer is still shrouded in a lot of ambiguity until the present time, and the second reason is that contracts that are subject to technology transfer always find it difficult to apply Especially since the term technology transfer includes relationships between unequal parties, and that the term transfer, being part of the term technology transfer, I want from a legal point of view merely to establish a contract for the purpose of transferring technical and technical knowledge from the supplier, which is often from developed countries, To the importer, which is often from developing countries. As long as these types of contracts are of economic, political and commercial importance, then they are subject to contractual protection similar to civil contracts, especially if the subject of the contract is exposed to exposure, so the effect of the guarantee of maturity, result, or defect may be termination, and it is appropriate to other than the technology transfer contract, as it often goes to Returning the situation to what it was before the commitment was concluded, which is difficult to achieve in these types of contracts after the transfer of information or technical knowledge to the supplier, and it is difficult, which requires the emergence of another commitment, which is the obligation not to disclose the confidentiality of this information. This makes returning the situation to what it was before the contract is difficult, so this contract must be surrounded by a kind of privacy when applying the penalty of annulment, as preserving the contractual relationship is due to termination if it is possible to address the defect with compensation, and it is also possible for the importer to reduce his commitment with Leaving the contract standing, in addition to that the provisions of termination are limited to preventing the technology importer from using it, and this leads to the emergence of a new obligation not to divulge the secrets obtained through the contract concluded between them. Therefore, this research was presented through two topics. The first is what is the technology transfer contractWe devoted the second to the contractual guarantees of technical knowledge in the technology transfer contract and in detailing the two researches as required by the content of the research.
Keywords
civil contracts; Contract protection; technology

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