Constructing a 'coordinated structure' in the contract for the transfer of technology

Abstract

This work aims to visualise the importance of a 'coordinated structure' in the contract of technology transfer that may accommodate the different interests among contractual parties and society to access patent products based on the principle of equity and justice. It shows two core problems which stem from the insufficiency of the patent regime and the failure of the doctrine of freedom of contract as the main legal framework in transferring technology. Therefore, this work elaborates some constitutive elements of fundamental rights, public interest and social functions as fundamental guidelines for the 'constitutionalising' the contract of technology transfer.