Technology transfer on joint venture projects in developing countries

1996 ◽  
Vol 14 (1) ◽  
pp. 45-54 ◽  
Author(s):  
Patricia Carrillo
2019 ◽  
Vol 3 (1) ◽  
pp. 1-7
Author(s):  
Toebagus Galang Windi Pratama

Most companies that market their products in Indonesia in order to pass TKDN using the concept of Joint Venture agreements (PMA) often the parties working together are unbalanced in real terms the shares of foreign owners are greater than domestic shareholders. In such conditions the strong parties tend to impose their will on the weaker party. Therefore, according to the principle of freedom of contact in relation to the free market, in fully contracting is an affair of the parties, however legal protection and public interest are therefore required from government interference in the form of regulation or restrictions. The restrictions in regulating technology transfer from developed countries to developing countries aim to protect the interests of countries that divert technology because the inventor of the technology is considered to have made maximum efforts to find related technology but on the other hand the state is also obliged to protect and improve the welfare of its citizens from that, restrictions on patent licenses are needed so that the TKD is truly "real" and does not reduce the incoming FDI.Based on this, the authors formulated a number of issues namely: Why are restrictions on patent licenses needed and What are the legal consequences of limiting patent licenses . The results of the discussion show that the transfer of technology is needed for developing countries needed to advance their products in the era of globalization so that arrangements for it are needed so that in case of cooperation there is no inequality. And, the role of law in the policy of technology transfer to transform agrarian societies into industrialist societies. Here there is a dilemmatic situation on the one hand the acceleration of mastery of technology including the acceleration of development needs to be done by being open to the owners of capital and technology (which generally comes from developed countries), while on the other hand we still have to maintain national interests. Here is related to the authority of the state to regulate the process of technology transfer. In this global era, after the WTO agreement was reached, which was linked to 2 (two) technology transfer agendas, namely TRIMS and TRIPS. Foreign technology protection was very much needed in the context of foreign investment.


2021 ◽  
Author(s):  
Manuel Guerrero Gaitán

Abstract R&D is one of the most important sources of knowledge and economic growth worldwide, and technology transfer is the principal means to access this knowledge. Nevertheless, market imperfections, externalities, and abusive behaviors have been used by some jurisdictions to justify the enactment of regulations on different contractual categories frequently used to implement this transfer of technology.


2021 ◽  
Vol 13 (13) ◽  
pp. 7005
Author(s):  
Yu Ning

Draft commercial exploitation regulations have been on the agenda of the ISA since several 15-year exploration contracts expired a few years ago. Given the ineffective implementation in practice and the ignored chapter in several mining regulations on the transfer of mining technology, the future Enterprise and developing countries may take a more positive approach to the transfer of mining technology by striking a delicate balance between the provisions on the protection of intellectual property and those on capacity building under the framework of UNCLOS and the 1994 Agreement, through reciprocal and mutual beneficial means such as direct technology purchasing and investment cooperation. The International Seabed Authority, as the competent inter-governmental organization, has the duty to foster favorable conditions for such transfer.


1990 ◽  
Vol 4 (2) ◽  
pp. 119-124
Author(s):  
Tran Ngoc Ca

Radical progress in the economic and social framework of developing countries can be achieved through technology transfer. However, because many different barriers exist, in many cases technology transfer has not yet become very efficient. This article discusses some barriers to technology transfer as experienced by Vietnam and suggests ways to get appropriate technology through the transfer process.


2021 ◽  
Vol 19 (3) ◽  
pp. 488-501
Author(s):  
Rui Dinis Sousa ◽  
Ainur Boranbayeva ◽  
Zaira Satpayeva ◽  
Amina Gassanova

Progress of agriculture is becoming increasingly reliant on the successful application of technology. However, many developing countries depend on technology transfer from other countries to be utilized in large and complex projects in agriculture. This study intends to identify strategic directions for successful technology transfer in developing countries’ agriculture with Kazakhstan as a case study. A SWOT analysis was conducted using Internal Factor Evaluation, External Factor Evaluation, Strategic Position and Action Evaluation, and Quantitative Strategic Planning matrices as analytical methods, based on primary data from interviews and secondary data from reports. With a weight of 52%, opportunities prevail in external factors, with emerging good geographical position, land area latitude, and participation in economic integrations as the most significant ones. On the other hand, internal factors such as emerging low skills in agricultural innovation, insufficient resources in agriculture, old technologies and worn-out equipment, and lack of mechanisms for effective adaptation of foreign technologies to local conditions are indicated as weaknesses, with the percentage of 82%. This study includes twenty-six strategies that were specially designed for technology transfer, and nine of them are considered the most relevant in overcoming internal weaknesses by exploiting external opportunities. Promoting agriculture in an innovative direction, expanding the resource base necessary for technology transfer, and increasing sources of funding for the transfer of technology and the R&D expenditures in agriculture make a top 3 of these strategies. These results will be of interest for policymakers in decision-making on technology transfer in agriculture.


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