Abstract
The license is a contract which gives permission (privilege) to apply intellectual property, without transferring any kind of ownership. This permission is not usually given independently, but within other contracts; As Franchising, Buy- Back, and B.O.T. License types are; Exclusive, nonexclusive, voluntary, compulsory and so on. Technical knowledge is also transferred in the licensing agreements. The value of Technical knowledge, lies in its anonymity and confidentiality; so publicizing the technical knowledge violates the validity of the contract. The license is promissory, commitment and often a formal contract. Its nature does not match any of the specific contracts in Iran’s civil law. It seems that, the license is an anonymous contract, subject to Article 10 of this law. This article is an attempt to identify licensing agreement. For this purpose, first a definition of the concept is presented and then its position is explained. Then, the most important types of this agreements are briefly explained. Finally, the attributes and nature of this agreement are discussed from the perspective of Iran's rights and comparative law. DOI: 10.5901/mjss.2016.v7n4S1p105
Highlights
There are two general ways to achieve technology; production or purchase
If the nature of the contract is compatible with the predetermined conventions of contracts, the rules governing the credit of those contracts, will apply the discussed contract; otherwise, only the general conditions and rules must be established and whatever is written in the contracts should be adhered to, in the cases that there is nothing in the contract, the principle would be refraining from any impose on the parties, unless there is a law in this area. Because it helps to determine the terms of a contract to nature, License contracts completed in the first study and discuss the nature of it
Trademark and technical knowledge can be considered as the Industrial Property that are the subject of the license
Summary
The second method is usually called technology transfer and License contract is one of its most important legal mechanisms. The main reasons of technological purchasing can be summed as; this method requires little or no investment in research and development; rapid utilization is possible, economic and technical risks are low. The second article of this Act, "Technology modernization" is a condition for admission of foreign investment Considering this matter the importance of technology transfer mechanisms, patents, and other industrial property are being cleared. It should be recognized that licensing are not usually signed independently, but within other contracts, such as "B.O.T "(build, operate, transfer) or" counter trade” in which licensing or transfer of technical knowledge is provided. Examining the characteristics and nature of the entity (compatibility with certain contracts in civil law of Iran or of Article 10 of the law) will be the main topic of this article
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