Antitrust and Direct Regulation of International Transfer of Technology Transactions

Preface Contents Abbreviations INTRODUCTION STRUCTURE AND PURPOSE OF TRANSFER OF TECHNOLOGY REGULATIONS: A. BASIC STRUCTURE Subject Matter of Transfer of Technology Law Approval and Registration Procedure Restrictive Business Practices Evaluation of the Economic Aspects of Licensing Operations Technological Evaluation Warranty Provisions Control of Parent-Subsidiary Operations Control of Capitalization of Technology Duration Applicable Law and Jurisdiction STRUCTURE AND PURPOSE OF TRANSFER OF TECHNOLOGY REGULATIONS: B. FUNCTION AND PURPOSE OF TRANSFER OF TECHNOLOGY REGULATIONS To Increase the Bargaining Power of Local Purchasers of Technology To Increase the Information Available to Local Parties as to Possible Sources of Technology To Improve the Quality and Local Assimilation of Transferred Technology To Protect Local Innovation and Technology To Improve the Balance of Payments To Control Foreign Exchange Operations To Prevent Tax Avoidance To Limit Industrial Property Protection To Control the Nature of Imported Technology To Regulate Foreign Investments Other Purposes STRUCTURE AND PURPOSE OF TRANSFER OF TECHNOLOGY REGULATIONS: C. THE PURPOSES OF TRANSFER OF TECHNOLOGY REGUALTIONS AS COMPARED WITH THOSE OF ANTITRUST LAWS COMPARATIVE ANALYSIS OF THE SUBSTANTIVE ELEMENTS OF TRANSFER OF TECHNOLOGY REGULATIONS Royalties and Other Payments for Imported Technology Effects of the Royalty Negotiation Structure on Other Contractual Provisions Exchange Controls Trademark Assignments and Licenses Parent-Subsidiary Transactions Nature of Imported Technology Protection of Local Technology Local Assimilation of Transferred Technology Information Available to Local Parties as to Possible Sources of Technology Foreign Investment Restrictions Trying Arrangements Grant-Back Clauses Price Fixing Export Restrictions Appointment of Personnel Restrictions on Research and Adaption Use of Competing Technology Scope and Volume of Production Management Provisions Patent Validity Clauses Duration Limitations Marketing Restrictions Patent Pools, Cross-Licensing Agreements and Collusive Arrangements Among Technology Suppliers Negotiations Provisions Package Licensing Warranty Provisions Supply of Technology Improvements Pricing Conditions in Connected Transactions Jurisdiction and Applicable Law CONCLUSION Bibliography IndexCabanellas, Guillermo is the author of 'Antitrust and Direct Regulation of International Transfer of Technology Transactions' with ISBN 9783527260010 and ISBN 3527260013.