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Thesis

French

ID: <

10670/1.fy1u3m

>

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The legal analysis of technology in international contracts of industrial cooperation

Abstract

Technology is the hatchet of international trade. It is considered as a value, a good or a property whose creation, development or acquisition requires human and financial investments. Its holder can therefore have two main concerns: the protection of the technology and its return on investment.On one hand, the protection of the technology is done against its unauthorized exploitation, but also against its illicit obtaining or its disclosure when it is kept secret. Depending on the strategy adopted by the holders, two methods are available to them, the patent regime and the trade secret regime. Each of these methods represents advantages, but also disadvantages.On the other hand, the return on investments made in term of creation, development and acquisition of technologies can be achieved, on an international level through international technology transfer operations to countries which are in need of these technologies.In order to create a win-win partnerships between the emitters and receivers of technology, technology transfers can be carried out within the framework of international industrial cooperation contracts. These operations are defined as contracts or contractual groupings, spread over several years which, going beyond the simple sale or purchase of goods and services, involve the creation of a community of economic interests convergent but different between independent parties, belonging to different countries and driven by a desire for cooperation in the industrial sector. The cooperation contracts parties benefit from a wide contractual freedom restricted by certain mandatory provisions. Contractual clauses organize the relationship between the emitter and receiver of technology in an international industrial cooperation contract. The role of these clauses is to protect the technology and its holder against any counterfeiting or infringement as well as to organize the transfer of the technology to its beneficiary.

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