المركز القانوني للمتلقي في عقد نقل التكنولوجيا : دراسة تحليلية == The Legal Position Of The Receiver Of The Technology Transfer Contract An Analytic Study
Author name:
ضرغام محمود كاظم التميمي
Supervisor name:
شروق عباس فاضل السعدي
General topic:
Law
Specific topic:
Commercial Law
Degree:
Master
University:
Mustansiriyah University - Faculty Of Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1493 - p.pdf
Abstract:
This study is mainly concerned with the legal position of the receiver within the technology transfer contract for it is one of the most significant issues ,in that the scientific and technical development witnessed by the modern societies ,especially in the USA , and great parts of the European Continent has considerably deepened the gap between these countries and the developing ones in this field.This had resulted in making latter countries more undeveloped.With the emergence of the era of the Industrial Revolution in Europe, technology had acquired a special significance ,which can be due to its impact on methods and circumstances of the production process.The significance of the present research circles around the vital role played by technology in the lives of both individuals and peoples ,especially the current era which is currently witnessing a great revolution and n the field of information technology and communications.The huge development makes the whole world as a little village ,through it information and knowledge can be exchanged easily and softly.Moreover, the research's significance is widely clarified by the big role played by the technology transfer contract ,since it is one of the tools that participates in assuring of the transfer of the technical knowledge and their methods ,exporting to the receiving countries in a way that fill the gap between the developed and undeveloped countries in the field of the industrial ,economical, and scientific development between such countries.The real situation now is that the developed countries are in a position of the actual monopolist for the various services related to the transfer of technology in imposing strict conditions.These procedures do not prevent issuing some national legislations at the receiving countries ,as well as introducing specific solutions for the sake of minimizing some of the conditions imposed.This is in line with establishing an economical balance between the two parties of the contract ( resource and receiver).As a matter of fact, the real reasons that drove the researcher in conducting such a study ,firstly, is to find out on the legal position of the receiver in the transfer of technology contract ,identifying its rights and commitments set by the modern legislations which one of the rich and disputable subjects on which both judicature and jurisprudence haven't managed to overcome its problems.Further, it is of highly important to find out the types of such problems with their proposed solutions.As the second reason for tackling this subject is the lack of action taken by the Iraqi law in organizing the transfer of technology contract and setting the Arabic legislations regarding it.Then, the researcher will try to propose some solutions and conceptions for the provisions concerning the receiver in such contract and to be a reference that can be returned to when this type of contracts is legally set in in the Iraqi Law. This study will follow a scientific and analytic approach based on the legal texts and the various opinions in both jurisprudence and judicature ,comparing such opinions to get a useful conclusion by going into details of the significant aspects of such contract. The current study is divided into three chapter.Chapter One is mainly concerned with legal identification by of the transfer of technology contract by recognizing its definition ,legal quality ,specifications ,and forms.Chapter Two focuses on identifying the receiver of technology and its legal position as one part in the contract , legal characterization. Chapter Three circles around identifying the receiver's commitments ,as well as its rights as the second part of the contract
