The legal nature of the technology transfer contract

Section: RESEARCH
Published
Aug 4, 2025
Pages
53-96

Abstract

Technology transfer contracts are one of the most common for the time being because of the increasing need to keep pace with development, especially if we know that there is a clear discrepancy between countries in the world in the field of information technology, as developing countries seek to get rid of their economic problems to overcome the situation of underdevelopment Relying on the transfer of advanced technology in various productive sectors. These contracts, which in essence focus on morals are represented in information, technical assistance or invention rights. So, they are transferred from the first party ( the supplier ) to the second party (the recipient). The most important of these contracts is the diversity of their forms depending on the diversity of the shop. These contracts focus on the transfer of technology in all its components, including one element or more of its elements or the subject of providing expertise or consultation or particular effort. This clearly appears if the recipient does not have the capacity to comprehend, use and develop the transferred technology.

References

  1. Firstly. Arabic Books:1. The mark of Sheikh Abdullah al-Alayeli, in the language and science, the first volume of the letter (A-Y), the preparation and classification: Nadim Maraashli, Osama Marashli, I, publisher Dar Arabic, Beirut, 1974.
  2. Fourthly. Research and articles:1. Dr. Samiha al-Qalioubi, Evaluation of Contract Conditions, Research published in Contemporary Egypt Journal, Issue 406-1986.2. Dr. Yasir Basim Thunoon, The Legal Nature of Electronic Computing Programs and Means of Protecting Them, Research published in Al-Rafidain Journal of Law, Faculty of Law, University of Mosul, Vol. I, No. 10, No. 24, 2005.3. Attorney Younis Arab, contracts for the transfer of technology and the position of its conditions restricting competition in accordance with Jordanian and Egyptian law, an article published on the following website:www.arabaw.org/download/technology-transfer-contracts.doc.
  3. Third. Theses:1. Montazer Mohammed Mahdi, Legal System for the Contract of Informational Consultations, PhD Thesis, Faculty of Law, Nahrain University, 2004.2. Dr. Nasira Bouhja Saadi, Technology Transfer Contracts in International Exchange, PhD, Alexandria University, 1987.3. Yousef Abdul Hadi Al-Akayabi, The Legal System of Contracts for the Transfer of Technology in the Field of Private International Law, PhD Thesis, Zagazig University, 1989.
  4. V. Laws:1. The Iraqi Civil Code No. 40 of 1951.2. Iraqi Trade Law No. 30 of 1984.3. Iraqi Transport Law No. 80 of 1984.4. Egyptian Trade Law No. 17 of 1999.
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