الضوابط القانونية لنقل التكنولوجيا في ظل قواعد حماية الملكية الفكرية

Abstract

The technology transfer contract has a strong relationship with intellectual property rights, especially in the industrial aspect. There is no technology transfer contract that does not contain the transfer of rights, which related to patent or drawings and industrial models or integrated circuits and even trademarks, appellations of origin and commercial and technical secrets. Technology transfer contracts have four basic controls. The first one is the contract itself, with the entailing rights and obligations between its parties. The second control is the legal texts, which related to the transfer of technology. Whether they are technology transfer laws in some systems and countries, or legal texts that control intellectual property rights. For example, the law that related to author’s copyright and other related rights as well as the various laws of industrial property. In addition to the general basic control that is technology subject of the contract shall not harm the public order and morals of the country that will receive this technology, without forgetting the conflicting control which regulates every deviation from the limits of the previous controls. Let us try to survey the appropriateness of the issued legal texts and these controls and their success in reconciling the two conflicting interests of the supplier and the recipient. I also tried in this research to find images that would transfer technology without restrictions or obstacles and within the framework of the law. So I presented in the content of the research an implicit study of the idea of reverse engineering as a technical method and a legal way out that is economically inexpensive and allows the acquisition of technical knowledge.