A useful introduction explains in detail what you need to keep in mind when transferring technology: from antitrust rules to tax issues and other pitfalls. Useful annexes make this model an important instrument for international licensees and licensees seeking a form that is fair and balanced for both parties and can be used in a number of sectors. In addition, climate change negotiators discussed the link between technology transfer and the TRIPS agreement. Learn more about climate change and TRIPS. The requirement for developed countries to encourage technology transfer is provided for in Article 66, paragraph 2. The least developed countries want this requirement to be more effective. In November 2001, in Doha, ministers agreed that the TRIPS Council would create “a mechanism to ensure the follow-up and full compliance of commitments.” In February 2003, the Council adopted a decision establishing this mechanism (IP/C/28). It presents the information that industrialized countries should provide by the end of each year on how their incentives work in practice. Differences in intellectual property law.
Intellectual property legal systems vary from country to country; In particular, there are differences in patent and trademark registration systems, nustic ethical rights over copyright, the right to works developed in common, the protection of copyright data, etc. With regard to the definition of patented technology, there are some differences between countries in terms of duration and conditions of protection. Therefore, in the development or revision of an agreement, special attention should be paid to the provisions defining the patented technology and the nature and duration of the protection should be taken into account in order to avoid any misunderstanding and divergence of interpretation between the parties. Article 7 (“Goals”) of the TRIPS AGREEMENT states that the protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and the transfer and dissemination of technologies, to the mutual benefit of producers and users of technological knowledge, and in a way that promotes social and economic well-being, and to the balance of rights and obligations. On the other hand, an arbitral award may be imposed by the New York Convention, which is respected by many countries. As a result, arbitration is often used in international trade, with arbitration procedures in a neutral location. In reality, however, the process of executing a distinction can be time-consuming and costly. In the development or revision of an agreement, the difference in the law of the arbitration agreement and the law governing the main contract should be taken into account.
If the arbitration agreement does not expressly provide for the law in force, the laws of the arbitral tribunal generally apply. Export restrictions. In the case of international technology transfers, technology`s border crossing of national borders is subject to the control of import-export legislation.
Tuesday, April 13th, 2021
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