ضمانات عقد نقل التكنولوجيا
Date
2020-08-28
Authors
جورج رفيق اسكندر غريب
George Rafiq Iskandar Ghareeb
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Publisher
Al-Quds University
Abstract
Modern technology has become the pinnacle of the world’s economy and development, in all their shapes and forms. As the more amount of modern knowledge in a country, the more are its prospects of success and prosperity. The world is currently divided into developed countries that own the most modern technology and its manifestations, and developing countries, such as Palestine, which consume such technology and apply its products and services in every aspect. So beginning from this vantage point, the idea of technology transfer has its inception, from an owner of such technology that is called the exporter, to the consumer of this technology, or the importer. The exporter gets material gains by selling the technology, and the importer gains by applying it. Typically, a contract is signed in the transfer of technology deals, which consists of rights and obligations of both parties. This study focuses on studying the guarantees that of the rights and interests of both parties of the technology transfer contract. This aims at motivating investment, and increase the trust of investors and owners of technology to sign such contracts. The forms of these guarantees are twofold:
1. Legal warranty: It comes in the form of guarantees instituted by law whether international or national. The existence of a legal framework can provide guarantees to technology transfer parties. This poses a problem for Palestinian contractees, as the Palestinian legal system doesn’t offer the sufficient legal basis of contracts that this research examines. General contract laws and regulations don’t offer the needed basis to match the specificity of technology transfer contracts. Furthermore, the state of Palestine hasn’t taken part in international organizations or signed international agreements that organize and manage technology transfer contracts, such as the TRIPS Agreement, that offers guarantees in alleviating conditions that limit technology transfer contracts. In addition to UNIDROIT, which offers principles that can fill the legal vacuum in the area under consideration.
2. Contractual warranty: It focuses on rights, obligations, and commitments which are agreed upon between the parties, whether during the negotiation process or after an agreement is signed. As the commitment of one party to fulfill specific obligations is a kind of guarantee for the other party. Additionally, the commitments can be either unilateral or bilateral. These kinds of guarantees are of specific importance in the absence of a clear legal framework to organize technology transfer contracts. As a focus of our study, we try to scrutinize contractual obligations of this sort, to inform the Palestinian contractee about their most important aspects, to avoid taking the heavy burden and be able to fulfill their responsibilities.
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Citation
غريب، جورج رفيق. (2020). ضمانات عقد نقل التكنولوجيا [رسالة ماجستير منشورة، جامعة القدس،
فلسطين]. المستودع الرقمي لجامعة القدس. https://arab-scholars.com/650bfb