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Civil Liability in Technology Transfer Contracts by Dr. Murad Mahmoud Al-Mawajdeh
JOD
Get it by 5 Aug | Order in 5 Hours 11 Minutes
The topic of technology transfer is a pressing issue of our time, of interest to all nations, whether developed or developing. It holds strategic importance for the latter, as technology transfer contracts are among the most significant agreements concluded internationally due to their commercial, economic, social, political, and military nature, depending on the objectives sought by the supplier and the importer. These contracts are distinguished by their subject matter, which is technical knowledge.
The world is currently witnessing significant changes in the process of technology transfer, with a shift towards modern global concepts such as globalization, privatization, the phenomenon of multinational corporations, economic mergers, and a rapid acceleration in technology development and monopolization. This is in addition to the changes that have occurred in the regulation of trade through the World Trade Organization (WTO), UNCTAD, and the protection of intellectual property through the TRIPS agreement.
Developing countries have realized the great importance of the technology transfer process, although this realization came late, after developed countries had already made significant technological advancements and recognized the global race towards scientific research and advanced technology. The achievements of technological progress far exceed the use of other factors of production by a rate of 90%, meaning that the increase in national income is a result of technological progress rather than savings and investment.
One of the most important reasons that has given technology great importance internationally—especially concerning its transfer from developed to developing countries—is the deep existing gap in economic, industrial, and technical progress between these nations. There is a desire to achieve a new world economic order based on cooperation through the technical assistance owned by developed countries, which effectively control its export through giant multinational corporations.
Given the importance of technological and scientific progress on the international stage, it has been used as a criterion to divide the world into developed and developing countries. This division considers the extent of a country's technological progress without regard to its natural wealth and human resources. Some developing countries possess vast resources like oil, gas, phosphates, and fertilizers, yet they have not achieved a significant share of scientific and technological advancement. Instead, they rely on developed countries to extract and exploit these resources. If a production line stops working, the facility might be shut down for six months to a year until a foreign expert is sent by the supplier to fix it, with the importer's staff completely unable to do anything.