Draft International Code of Conduct on the Transfer of Technology A Study in 3rd World Development

Preface Summary of Contents Contents Abbreviations Part One: General remarks Chapter 1: Introduction I. The purpose of this study II. The UNCTAD-structure, function and style of negotiation Chapter 2: Historical development I. The three phases of legal development in international trade regulation II. An underlying philosophy of the New International Economic Order: The "universal human heritage" argument III. The "soft law" approach in the establishment of the New International Economic Order IV. The history of the TOT-Code V. Other related projects Chapter 3: Some remarks on the ideology of the Code of Conduct on the Transfer of Technology (TOT-Code) I. The idea of "economic equality in the world" II. A critique of the "universal human heritage" argument III. Positions of Group B IV. The ideology of economic growth 1. Three types of economic development policy 2. Growth-an aim? 3. The neutrality towards growth of antitrust, neoliberalism, and public choice theory 4. The marxist concept of development 5. Market value and as if market value 6. Summary V. The ideology of sovereignty of the state and of the autonomy of the person Chapter 4: The Preamble of the TOT-Code I. "Technology key to the progress of mankind" II. Application to the TOT-Code to socialist countries III. Two proposed amendments to the Preamble: Paying respect to individuals and their standing in the market place Chapter 5: Legal character of the TOT-Code: Binding force or guidelines (para. (13) of the Preamble)? Part Two: The sections of the Code in perspective Chapter 6: Definitions and scope of applications Definitions 1. General remarks 2. The term "party" 3. Mother-daughter relations 4. The terms "aquiring" and "supplying" party 5. Definitions concerning "technology" II. Scope of application Chapter 7: Objectives and principles I. Objectives II. Principles Chapter 8: National regulation of transfer of technology transactions I. Contents of the chapter, problems, criticism 1. The renegotiation issue 2. Auxiliary measures 3. "National measures" - who may take them? II. The chapter on national regulations as a model law? Chapter 9: Restrictive business practices ("RBPs") I. The antitrust character of this chapter II. The issue of prohibition principle or abuse control principle 1. The contents of the group proposals 2. The system of exemptions III. Special treatment for developing countries-an additional exemption? 1. General remarks 2. Character and contents of the chapter 3. Interpretation IV. The unlawful practices 1. Grant-back provisions 2. Challenges to validity 3. Exclusive Dealing 4. Restrictions on research 5. Restrictions on the use of personnel 6. Price fixing 7. Restrictions on adaptations 8. Exclusive sales or representation agreements 9. Tying arrangements 10. Export restrictions 11. Patent pools or cross-licensing agreements and other arrangements 12. Restrictions on publicity 13. Payments and other obligations after expiration of industrial property rights 14. Restrictions after expiration of arrangement 15. Limitations on volume, scope, etc 16. Quality controls 17. Obligations to use a trademark 18. Requirement to provide equity or participate in management 19. Unlimited or unduly long duration of arrangements 20. Limitations upon use of technology already imported Chapter 10: Guarantees, responsibilities, obligations I. Purpose of the chapter II. Common provisions III. Negotiating phase IV. Contractual phaFikentscher, Wolfgang is the author of 'Draft International Code of Conduct on the Transfer of Technology A Study in 3rd World Development' with ISBN 9783527256983 and ISBN 3527256989.