Technology Transfer Contracts Research Articles

TECHNOLOGY TRANSFERRING CONTRACTS IN EGYPT COMPARED TO KINGDOM OF SAUDI ARABIA EXPERIENCE

Purpose: This study deals with the conflict between the major industrialized and developing countries regarding transfer of technology and the concept of technology transfer contract for suppliers. The research highlights how this concept differs between the supplier countries and those importing the technology. The research shows the legal nature of technology transfer contracts and the extent to which developing countries contribute to bridging the gap between the countries supplying and importing technology and whether it is used as a tool by industrialized countries to deepen the gap of economic and political dependence and impose their influence on the countries importing this technology. It sheds light on the experience of the Arab Republic of Egypt compared to the Kingdom of Saudi Arabia. Method: This research relies on the descriptive analytical approach in addition to the comparative method to obtain the best results. Results: This research concluded several results; the most important of them is that the technology transfer contract in industrialized countries affects the political and economic dependence of importing countries, especially developing countries, including Egypt and Saudi Arabia. It may also lead to a doubling of public debt, which reinforced by the absence of domestic and international legislation regulating the provisions of this contract. Conclusion: Based on the findings of the research, one of the most important recommendations contained therein is to reach a consensual formulation of these contracts at the international level to ensure the rights of parties and prevent the encroachment of one on another.

Technology Transfer Contracts as a Tool for Political Promotion

غالبًا ما يُعالج موضوع عقود نقل التكنولوجيا من وجهة نظر الدولة المستورِدة للتكنولوجيا كوسيلة مُشبعةٍ بالدعاية السياسية لتحقيق التطور الاقتصادي المرغوب. ما قد يجعل العقد غير قادر على تحقيق الغايات المرجوة منه، المتمثلة في الوصول إلى مستوىً تكنولوجي مكافئ لمستوى المُوَرِّد، دون التغافل عمّا يمكن أن يترتب عن ذلك من تكاليف باهظة قد تتحملها الأجيال اللاحقة. وتهدف هذه الدراسة إلى توضيح وجهة نظر المُوَرِّد للتكنولوجيا في محل العقد وتوضيح الأسباب السياسية والاقتصادية والقانونية لعدم نجاح الكثير من هذه العقود، وهو ما من شأنه أن يمنح لواقع هذه العقود رؤية أكثر شمولًا وواقعية، لعلها تسهم في إنجاحها مستقبلًا. لمناقشة إشكالية إخراج عقد نقل التكنولوجيا من إطاره القانوني وإدخاله في الترويج السياسي، في حالتي سوريا ومصر، يتبع البحث المنهج المقارن التقليدي في مقارنة السلوك القانوني والسياسي لكل من طرفي العقد على أساس الفعل ورد الفعل، بتحليل ودراسة بعض عقود نقل التكنولوجيا التي جرى -أو كان من المفترض أن يجري- تنفيذها في سوريا ومصر منذ خمسينيات القرن الماضي. ويخلص إلى البحث نتائج من أهمها: إنّ استخدام العقد كدعاية سياسية يؤدي إلى فشل نقل التكنولوجيا والتطور الاقتصادي، وأن شرط مراعاة العقد لمصالح الطرفين يقتضي تحقيق المنفعة المتبادلة، سواء كانت تعبيرًا عن كمال معنوي بالنسبة إلى المورد أو كوسيلة للتطور الاقتصادي بالنسبة إلى المستورد.

كلمة العدد (إنجليزي)

كلمة العدد (إنجليزي)

The Impact of Knowledge Spillover from Universities in Sichuan-Chongqing Region on Regional Innovation Capacity

As an important subject of the regional innovation system, the scientific research activities of universities are not only the power source of talent cultivation and knowledge innovation but also an important force to promote regional innovation development. This paper examines the influence relationship between knowledge spillover from universities in Sichuan province and Chongqing city and regional innovation capacity from the aspects of teaching and research personnel input, research and development personnel input in research input, monographs, academic papers, technology transfer contracts and transfer income in research output. The results show that the improvement of the innovation capacity in Sichuan province and Chongqing city depends on the increase of teaching and research personnel input and the number of scientific and technological topics in universities, while other indirect scientific research results do not contribute significantly to the regional innovation capacity; further mechanism analysis reveals that the knowledge spillover from universities mainly promotes the improvement of regional innovation capacity through human capital, physical capital, and scientific and technological innovation.

LEGAL REGULATION OF TECHNOLOGY TRANSFER CONTRACT

Technology transfer contracts are among the most common contracts at the present time، due to the increasing need to keep pace with development، especially if we know that there is a clear discrepancy between the countries of the world in the field of information technology، as developing countries seek to get rid of their economic problems to overcome the state of backwardness and compensate for the state of delay. This is based on the transfer of advanced technology in various productive sectors، so these contracts appeared that focus in essence on moral elements (Morals) represented in information، technical assistance ، or patent rights ، and work to transfer them from the first party supplying (Supplier) to the second party receiving (Recipient). The most important characteristic of these contracts is the diversity of their forms depending on the diversity of the shop. Some of these contracts focus on the transfer of technology with all its elements، and some of them focus on a specific element or more of its elements ، or the subject of which is to provide expertise ، advice or a certain effort، and this appears clearly if The recipient party does not have the ability to absorb، use and develop the transferred technology. This diversity made it difficult to determine the nature of the contract، and thus assigning it to one of the well-known contracts. This difficulty increases in legislation in which the legal regulation of the provisions of this type of contract is absent ، as is the case with Iraqi legislation. To shed light on this issue، we sought the help of the legislative provisions mentioned in the Trade Law. Al-Masry No. (17) for the year 1999، due to the absence of codification in Iraqi law، through the following two studies: The first topic: the nature of the technology transfer contract. The second topic: the legal nature of the technology transfer contract.

PENYEBAB BERALIHNYA TEKNOLOGI DARI PEMILIK KEPADA PENERIMA

Technology Transfer needs to be done, as long as it benefits the nation's economy. Technology transfer contracts are not only limited to the regulation of rights and obligations, but further implementation is still needed. Because the technology transfer contract has a relationship with the environment and society. As a result, it can affect the economic life of the country. In such conditions the need for government intervention in making technology transfer contracts. There is government interference, meaning there must be legal intervention. All of this should be explicitly reflected in the technology transfer contract agreement. Making agreements or contracts that are solely left to the operation of the principle of the principle of freedom of contract, will always be an arena of struggle for dominance between the parties to the agreement. Usually as a party that receives technology (in this case developing countries) is in a weak position, while the technology provider / owner is in a strong position. Thus the strong party will dominate the weak party, so that this situation often brings the result of a one-sided contract.

Technology Transfer Contracts and the TRIPS: Interpreting High and Low Consensus Norms

China’s rules and practices in relation to technology transfer have been of long-standing concern to its trading partners. These concerns are most strongly evident in the United States Trade Representative’s section 301 Report which foreshadowed the imposition of substantial increased tariffs on Chinese goods; a move which was quickly mirrored by China. This article subjects some of these concerns to legal scrutiny. Particular attention is given to China’s treatment of grantback clauses in technology transfer contracts which speak to the ownership of improvements made to \licensed technology. China’s outgoing and recently revised rules are evaluated under two questions. The first is whether China’s rules are discriminatory contrary to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) national treatment obligation. The second is the extent to which states are free under the TRIPS to interfere with freedom of contract in technology transfer. The article identifies a shift as between the two questions from high consensus, to low consensus norms. While the prohibition on discrimination must be strictly interpreted and applied, other TRIPS provisions which touch upon the control of anti-competitive practices in technology licensing, do not remotely reflect a stable international consensus. Interpretations of these provisions should therefore seek to accommodate different approaches, rather than presume that they reflect and prioritize one approach to the exclusion of others. technology transfer, technology licensing, grantback clauses, TRIPS, national treatment

Financial Impedance Matching Method for Enhancing University-Firm Technology Transfer

Universities and R&D institutions undertake projects to create technological solutions, and at the same time, they teach, produce new knowledge, and learn. Since most universities in the developing world lack industrial production capacities, the technology they create is considered pre-competitive. However, a major goal of technological development is to create products and make them available in the market to different economic sectors in order to help people to solve problems and improve their quality of life. Due to its limitations to accomplish this goal, the university needs to transfer its propriety technology to industrial or entrepreneurial partners. Nevertheless, the definition of technology transfer agreement terms represents a complex communication problem, particularly the appraisal of the value of the technology made by both counterparts. This is partly because current technology valuation methods often disregard the point of view of both counterparts, even though the university’s interests are completely different from the firm’s interests. This paper proposes a technology valuation method using an analogy taken from physical systems, the method of impedance matching in electrical circuits, which intends to engage both parties in a common project with a common aim. The proposed method is tested using a technology transfer contract signed between the Applied Sciences and Technology Institute (UNAM) and a producer of biomedical prostheses.

Identifying the effects of technology transfer policy using a quantile regression: the case of South Korea

The South Korean government provided policy levers for technology transfer by establishing the Technology Transfer Promotion Act in 2000. It also implemented a technology transfer promotion plan based on this law. Along with the law’s enactment, the Korean government required the establishment of technology licensing offices (TLOs) for national and public universities. Although this policy led to the quantitative expansion of TLOs, it did not result in qualitative growth. The Korean government implemented a supplementary program to support the leading TLOs’ labor and business expenses. In the current work, the author questions if the program had a significant effect on the performance of TLOs. I analyze the policy effect on the performance of TLOs, as measured by royalty income or the number of technology transfer contracts. In particular, the heterogeneous effect is examined by using quantile regression applied to publicly available university panel data from 2007 to 2015. The results corroborate that the program had a significant impact only on the lower 10% quantile. The government also provides programs for marketing, consulting, and manpower training. However, the policy only focuses on financial support, and the support provided to each university is uniform. In addition, results suggest that the support policy must be diversified based on the characteristics and research capacity of each university.

Technology Transfer and Risks of Knowledge Leakages Through Training Activities: An Assessment in Sovereign Industries

This paper assesses risks of knowledge leakage associated with training in technology transfers. Today states want to master sovereign technologies. As a consequence, exporting firms have adapted their offers to respond to customers’ requests and provide training in technology transfer contracts. We have recorded the perception of trainers regarding risks of knowledge leakage associated with training activities. Due to different interpretations of technology transfers and related risks, trainers’ assessment of knowledge leakages is not homogeneous in the training process. A typology of trainers and their typical behaviors in professional situations is proposed and leads to recommendations to mitigate knowledge leakages.

Technology Transfer Contract in Arab Legislation

Technology Transfer Contract in Arab Legislation

Mercado do biodiesel no Brasil

Com a criação, em 2004, do PNPB (Programa Nacional de Produção e Uso de Biodiesel) que introduziu o biodiesel na matriz energética nacional, priorizando o fornecimento da matéria prima pela agricultura familiar, foi criada uma cadeia produtiva com potencial de capilaridade nacional. Após esses mais de dez anos de produção do biocombustível no Brasil, o objetivo desta pesquisa foi fazer uma análise do mercado nacional do biodiesel, sem perder de vistas os objetivos sociais do programa, tomando como base de discussão a organização da oferta e do desenvolvimento tecnológico no setor. Para tanto fez uso da análise espacial da organização produtiva, dos projetos de P&D e dos depósitos de patentes. Como resultados, apontou que o desenvolvimento tecnológico do biodiesel brasileiro está concentrado espacialmente e a linha de impulso para inovação da cadeia é o tipo science-push e com baixo grau de cooperação entre as empresas e as universidades. Também concluiu que as invenções patenteadas não se configuraram em inovações, tendo em vista a inexistência de contratos de transferência de tecnologia. Por fim, a pesquisa refletiu acerca da relação entre empresas, instituições de pesquisa e desenvolvimento tecnológico, e suas implicações e desafios no que se refere aos objetivos de desenvolvimento regional e inclusão da agricultura familiar presentes no PNPB.
 Palavras-chave: Desenvolvimento Regional. Inovação. Distribuição espacial.

El contrato de transferencia de tecnología: caracterización e importancia estratégica

El contrato de transferencia de tecnologia es un contrato que, pese a ser de caracter complejo dadas sus condiciones particulares, envuelve un numero importante de intereses basados en la explotacion comercial e industrial de las tecnologias, tales como la mejora en los indicadores e produccion de recursos economicos, incremento patrimonial y ventajas competitivas en la sociedad del conocimiento. El presente articulo busca caracterizar este contrato en el derecho colombiano, ademas de destacar su valor estrategico e importancia y llevar a cabo un analisis de su configuracion. Todo ello en aras de sumar a la construccion doctrinal de una figura que ha sido relevante para el entorno juridico de la globalizacion y la apertura a nuevos mercados.

METHOD OF DETERMINING ROYALTY RATE IN TECHNOLOGY TRANSFER CONTRACTS

METHOD OF DETERMINING ROYALTY RATE IN TECHNOLOGY TRANSFER CONTRACTS

Визначення ставок роялті у міжнародних договорах про передачу технологій

Визначення ставок роялті у міжнародних договорах про передачу технологій

تسوية منازعات عقود نقل التكنولوجيا عن طريق التحكيم

Of the results that came out of globalization on the new reality and in the international arena, an unprecedented increase in international trade and the movement of goods and services and the movement of people .oakhzt a result of commodity and service institutions oriented internationally. As to what the world has witnessed tremendous progress in the communications process has led to the emergence of the need for systems different in those transactions .okan from within the affected so is the process of settlement arising from the investment and international trade disputes, and had to be way faster, less expensive and more efficient for the settlement of disputes, so it appeared to resort to arbitration in the field of international trade contracts in general and technology transfer contracts special, and then the international organizations and conventions have put points on the letters concerning the settlement of disputes in this area, whether it is between the state, institutions or individuals. After that appeared legislation that emphasizes turn in a private arbitration at the WTO, World Bank and the International Monetary Fund and international treaties. So arbitration is considered an appropriate way to resolve arising from the transfer of technology contract disputes

기술이전 가격보상방식이 초과주가수익률에 미치는 영향에 관한 연구

By investigating public announcements on technology transfer contracts in the stock exchange market in Korea, this study shows licensee and licensor choose one of fixed or output-contingent payment based on their financial condition at the time of technology transfer agreement. However, the capital market assesses the mixed type of them as the most effective payment to control total agent cost of licensee and licensor, and lead to successful technology transfer.

Outsourcing versus technology transfer: Hotelling meets Stackelberg

This paper considers a Hotelling duopoly with two firms A and B in the final good market. BothA andB can produce the required intermediate good, firmB having a lower cost due to a superior technology. We compare two contracts: outsourcing (A orders the intermediate good from B) and technology transfer (B transfers its technology to A). First we show that an outsourcing order acts as a credible commitment on part of A to maintain a certain market share in the final good market. This generates an indirect Stackelberg leadership eect, which is absent in a technology transfer contract. We show that compared to the situation of no contracts, there are always Pareto improving outsourcing contracts but no Pareto improving technology transfer contracts. Finally, it is shown that whenever both firms prefer one of the two contracts, all consumers prefer the other contract.

The impact of government R&D investments on patent technology transfer activities of Chinese universities

PurposeTriple helix theory stresses co‐evolution and interaction among governments, enterprises and universities, and is paid great attention by governments, universities and enterprises worldwide. The purpose of this paper is to investigate the role that Chinese government R&D investments play in the interaction between enterprises and universities.Design/methodology/approachBasing on provincial panel data of Chinese universities from 2004‐2010, the impact of government R&D investments on patent technology transfer activities of Chinese universities is studied by empirical analysis. More specifically, the paper examines the impact of both Chinese government R&D funding and national R&D programs on the number and the revenue of patent technology transfer contracts.FindingsThe study finds that the amount of government R&D funding and the number of 973 Programs in one region have significantly increased the number and the revenue of patent technology transfer contracts in that region. Moreover, the number of National S&T Pillar Programs, 863 Program and National Natural Science Foundation Program are also determinants of the number of patent technology transfer contracts.Originality/valueThis paper studies government's role in university‐enterprise patent technology transfer activities in a Chinese context. It reveals a government‐dominant position to promote patent technology transfer activities in Chinese triple helix model. It also provides a reference for decision makers in governments, industries and universities.

Technology transfer contracts between R&D labs and commercial partners: choose your words wisely

Our study is motivated by the problems encountered by external collaborators, particularly those between research and development laboratories and commercial partners, when writing technology transfer contracts. Kruskal–Wallis one-way nonparametric Analyses of Variance are used to analyze Cooperative Research and Development Agreements (CRADAs) from a national, Department of Defense laboratory in the United States of America. The CRADA information elements serve as the independent variables for the study. Benefits accrued by the laboratory serve as the dependent variable. The results highlight the link between information asymmetry and technology transfer and the connection between benefits obtained and contract specificity. Quantifying royalty streams in the CRADA increases the likelihood of achieving of these royalty payments. Too much contract detail may boomerang: limiting laboratory image enhancement, harming employee morale, and impeding efficient and effective laboratory management. Always, technology transfer involves a bargain: a contract where tacit knowledge must be nurtured and the amount of specificity managed.