The objective of this research is to examine the legal nature of contracts pertaining to technology transfer and conduct a comparative analysis of the relevant legislation. Employing a descriptive-analytical approach, the study gathered information from diverse legal sources, including domestic and international laws as well as scholarly studies. It entailed scrutinizing legal texts and scholarly viewpoints to ascertain the legal character of technology transfer contracts. To conduct analysis of legislations and examine judicial and arbitral decisions concerning these contracts, the comparative method was employed. The findings of the study revealed notable disparities in the legal treatment of technology transfer contracts. Indeed, many legislations exhibit greater specificity and precision, thereby bolstering the protection of the parties involved, whereas the legal framework in some countries encounter challenges in providing an equivalent level of protection and regulation. Consequently, the study recommended the harmonization of technology transfer legislation to foster legal integration that facilitates and regulates such processes. Furthermore, it proposed the development of more comprehensive and detailed regulations and legislation to fortify legal safeguards for the weaker parties in technology transfer contracts.

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Technology Transfer Contracts: From Definition to Legal Nature

  • Yasar Alhiniti,
  • Ali Awda Allah Mohammed Al-Khazaleh

摘要

The objective of this research is to examine the legal nature of contracts pertaining to technology transfer and conduct a comparative analysis of the relevant legislation. Employing a descriptive-analytical approach, the study gathered information from diverse legal sources, including domestic and international laws as well as scholarly studies. It entailed scrutinizing legal texts and scholarly viewpoints to ascertain the legal character of technology transfer contracts. To conduct analysis of legislations and examine judicial and arbitral decisions concerning these contracts, the comparative method was employed. The findings of the study revealed notable disparities in the legal treatment of technology transfer contracts. Indeed, many legislations exhibit greater specificity and precision, thereby bolstering the protection of the parties involved, whereas the legal framework in some countries encounter challenges in providing an equivalent level of protection and regulation. Consequently, the study recommended the harmonization of technology transfer legislation to foster legal integration that facilitates and regulates such processes. Furthermore, it proposed the development of more comprehensive and detailed regulations and legislation to fortify legal safeguards for the weaker parties in technology transfer contracts.