\(
\def\WIPO{World Intellectual Property Organisation}
\)
Regulation of Technology Transfer Agreements in Developing Countries : An Opportunity to Exercise TRIPS Policy Space?
2023
Details
Title
Regulation of Technology Transfer Agreements in Developing Countries : An Opportunity to Exercise TRIPS Policy Space?
Item Type
Article
Description
1 online resource (pages 1007–1008)
Summary
For decades, technology transfer agreements (TTAs) have been regarded as ‘one of the main mechanisms through which developing countries could advance in their development process’ (Carlos Maria Correa, ‘Trade-Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement’, 2020, 376). Based on this assumption, from the 1970s through the 1990s, developing countries attempted to strongly regulate TTAs. Such a strategy was adopted at the international and local levels alike. In 1985, under the United Nations Conference on Trade and Development (UNCTAD), a Code of Conduct on Technology Transfer Agreements was drafted with the purpose of ‘encourage[ing] transfer of technology transactions, particularly those involving developing countries, under conditions where bargaining positions of the parties to the transactions are balanced in such a way as to avoid abuses of a stronger position and thereby to achieve mutually satisfactory agreements.’ The Code’s backbone was the so-called ‘restrictive business practices in Technology Transfer Agreements’, such as grant-back clauses, challenges to validity, exclusive dealing, restrictions on research, restrictions on use of personnel, and price-fixing. Despite the efforts made by developing countries, the implementation of this Code of Conduct has been unsuccessful at the international level.
Source of Description
Crossref
Series
GRUR International, 2632-8550 ; 72, 11, 2023.
Linked Resources
online version
Published
[Oxford, England] : Oxford University Press (OUP), 2023
Language
English
Copyright Information
https://academic.oup.com/grurint/article/72/3/231/6998505
Record Appears in
External Online Journals > GRUR