Licensing as a Central Structure of Technology Transfer Agreements. Joint Venture and Franchising Agreements

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.

2019 ◽  
Vol 6 (2) ◽  
pp. 1
Author(s):  
Onochie Jude Dieli ◽  
Mika Kato ◽  
Gbolahan S. Osho ◽  
Stiff Cleveland

This research studies the effects of wireless mobile phone technology on technology transfer and economic growth, and its distributional consequence in Nigeria. After deregulation of telecom industry, wireless technology has become widely available in Nigeria  The current study argues that the availability of wireless technology helps to reduce the cost of learning and implementing world technology frontier and thus that it promotes smoother transfer of technology from technologically-advanced countries to Nigeria and brings significant growth in the economy. Using a multi-sector Schumpeterian growth model, thus, it explains the relationship between the cost of technology transfer and economic growth. The model generates two equilibria where the low equilibrium has zero growth. This study shows that a group with low cost of technology transfer is likely to achieve the high growth equilibrium while a group with high cost of technology transfer is likely to achieve the low growth equilibrium. Using the industry-level and the state-level data, the study found that the availability of wireless technology increased transfer of technology measured by the volume of imports and spurred growth in Nigeria. Moreover, the research found that the benefit of the wireless technology is greater for lower income groups and thus the technology helped to reduce distributional inequality of economic benefit.


2021 ◽  
Vol 7 (18) ◽  
pp. 3-14
Author(s):  
Ebunoluwa OYEGOKE ◽  
◽  
Osman Nuri ARAS ◽  

Technological innovation in developing countries is inherently identified with the transfer of technology from the advanced country via trade, FDI and importation of capital and intermediate goods, machinery and other forms of embodied technology (ETC). This is due to low investments in in-house research and development (R&D) activities by local producers, hence, the need for technology transfer and spillover. This study contributes to existing knowledge by examining the empirical short-run and the long-run relationship between technological innovation and economic growth, a case study of Nigeria using the ARDL model on annual time series data spanning from 1980-2018. The f-bound cointegration test shows a long-run relationship among the variables at 5% significant level. Overall, is the results show a positive relationship between innovation in the form of technology transfer and spillover, and economic growth at 5% level of significance. Based on these findings, we propose that technological innovation should be encouraged; however, in-house innovation activities (R&D) should be encouraged due to its peculiarity to the economic structure of the country.


Author(s):  
Richard Angelous Kotey

The purpose of this paper is to holistically present relevant empirical findings on FDI, economic growth and spillover effects in the African continent, focusing primarily on technology transfer. This review shows evidence to suggest the FDI coming into Africa is low compared to other continents, even though foreign investments have consistently yielded higher returns. The paper also presents stylized facts of FDI inflows and examines the strands in literature. Aunique graphical framework showing technology transfer channels is well elaborated. The study provides a sufficient empirical view of FDI and technology transfer in the African contextand suggests this transfer of technology could be the means of bridging the technology gap between developed and developing economies.


1981 ◽  
Vol 25 (2) ◽  
pp. 80-93
Author(s):  
S. K. Date-Bah

The patent system has been claimed to be one of the ways of facilitating the transfer of technology from the industrialised North to the less developed countries of the South. It is by no means the only way in which this can be done. For one thing, not all technology is patented. Also, quite often before a patented process can be successfully worked there is need for the transfer of unpatented know-how along with the technology covered by the patent. Besides, it is not the patent itself which enables the transfer of the technology; rather, by making the title and exclusive rights of the patentee secure, it emboldens him to transfer his technology to others for commercial exploitation. Nevertheless, the patent is an important factor in the technology transfer process. As one United Nations report has put it:


1995 ◽  
Vol 9 (1) ◽  
pp. 56-60 ◽  
Author(s):  
Gilbert Nicolaon

Recent analyses in France and the UK of the role of R&D and technology transfer in the national economy have emphasized different problems but the same conclusion. Both governments recognize that the transfer of technology has to be improved to take full advantage of the national R&D effort. The author assesses the extent of collaboration between the two countries and considers activities of ANVAR, the French National Agency for Innovation, and the British Technology Group to enhance interaction and increase the effective commercialization of innovations.


1993 ◽  
Vol 7 (3) ◽  
pp. 176-181 ◽  
Author(s):  
Charles Leonard

The cost–benefits of academic–industry alliances are examined as well as the mechanisms to achieve maximum benefit to all the participants. Strategies to ensure the effective transfer of technology from universities to enterprises are reviewed and suggestions on how these might be refined and supported are offered. The article also touches on the role of a university trading company which can be pivotal in enhancing and expanding academic–industry links.


2020 ◽  
pp. 116-121
Author(s):  
Kseniia Ivanova

Problem setting. One of the subsystems of the National Innovative System is the field of technology transfer. Considering the NIS from the point of view of the interests pursued by its participants (subjects), the mechanism introduced by the legislator, providing legal regulation of certain social relations, directly depends on what interests they pursue. Analysis of recent researches and publications. The following scientists drew attention to the problems of regulation of relations in the field of technology transfer: O. M. Davydiuk, Yu. M. Kapitsa, D. S. Makhnovsky, V. S. Milash, O. P. Orlyuk, B. M. Paduchak, O. E. Simson. However, further study of these relations remains relevant especially in view of the constant updating of current legislation. Target of research is to analyze the mechanisms for satisfying the interests of participants (subjects) of technology transfer, which are introduced in the current legislation and are proposed for the future. Article’s main body. Considering the national innovative system from the point of view of the interests pursued by its participants (subjects), we can distinguish the interests of the author of the technology, recipient, technology donor and the state, whose interests determine the overall vector of the transfer process. The primary subject in technology transfer is the author of the technology – an individual who can act as a direct participant (subject) of technology transfer and be its donor, who independently decides the legal fate of the technology and / or its components. However, the author of the technology may not be a donor when it comes to the relationship between him and his employer as a performer of scientific research and development work for the budget. In this case, although the technology is created by the direct work of the author-employee, property rights to the technology are assigned to the enterprise, research institution, organization or institution of higher education as the executor of these works (organization-developer), and the author is entitled to royalties. Thus, a compromise is reached between the parties and provides the necessary balance of interests of the employer and the author. In the transfer of technology, which occurs through the conclusion of the contract, the interests of the parties to the contract are mutually conditioned. These entities, realizing their property interests, act in contractual relations on the principle of dispositiveness, ie equality of the parties, and the state does not interfere in these relations. And only when the sphere of interests of the subjects of transfer affects the interests of the state, the relationship is complicated by the establishment of additional requirements and / or procedures (in particular, the export of technologies created or purchased from the budget). The interest of the state in this case is due to the purpose of preserving national and technological security, control over the misuse of budget funds during the financing of R & D, solving other strategic tasks. The protective mechanism of legal support of the state’s interests introduced in the Law is implemented through the establishment of requirements for the use of technology and / or their components, created or purchased for budget funds, mainly on the territory of Ukraine; conducting state expertise for technologies and / or their components, which are purchased for budget funds (including through their import). Meanwhile, the world practice is aware of other means aimed at protecting the interests of the state, such as control over the re-export of technology in order to eliminate the possibility of further transfer of technology from its donor to others. Conclusions and prospects for the development. The field of technology transfer is characterized by a combination of imperative and dispositive methods of legal regulation. When concluding a technology transfer agreement, the parties agree on its terms, based on their own interests and the requirements for certain types of agreements. However, lawyers note: the wider the range of interests (individual, group), which are directly or indirectly affected by the contract, the more important should be the degree of legal regulation. Therefore, when it comes to the interests of the state, the legislator should not neglect the ability to imperatively determine the requirements to be met by the parties in technology transfer and which provide for the implementation of additional incentives for the introduction of domestic technologies into circulation, their practical application in production.


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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