Determinación de la ley aplicable a los contratos de licencia y transferencia de tecnología

Abstract

The present study analyzes the determination of the applicable law to the license and the transfer of technology contracts, based on the Argentine private international law. The possibility to determine said law by means of the agreement between the parties themselves and the limits of said agreements is analyzed. The different solutions applicable in case of lack of choice- of-jurisdiction clauses of the applicable law, examining the items in common such as the place for the compliance of the contract, the address of the party that fulfills the services which are characteristic of the contract and the place where it is celebrated. The applicable solution is also analyzed using the most significant contacts of the contract’s core. The study of the applicable law is complemented by the examination of certain variants of the license and transfer of technology contracts such as the ones related to non-patented knowledges and those for the joint development of technologies which state specific questions in terms of the determination of the applicable law. The field of application of the contract is also analyzed making the distinction between the questions which are typical of the contract and those governed by other rules in conflict, for example those related to the effect of the rights of industrial property. The limits that the public order and the different mandatory rules impose for the application of the law of the contract with regards to the licenses and agreements for the transfer of technology are also studied. At the same time, a solution for these different questions under the Argentine law is proposed but using the existing records in the main, private international law systems from a comparative point of view.&nbsp