@article{49098,
      author = {Pela, Juliana Krueger,},
      url = {http://tind.wipo.int/record/49098},
      title = {Regulation of Technology Transfer Agreements in Developing  Countries : An Opportunity to Exercise TRIPS Policy Space?},
      abstract = {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.},
      doi = {https://doi.org/10.1093/grurint/ikad091},
      recid = {49098},
      pages = {1 online resource (pages 1007–1008)},
}