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Title: Technology Transfer and the Intellectual Property Issues Emerging from It – An Analysis from a Developing Country Perspective
Authors: Mukherjee, Srijit
Bhattacharjee, Sudipta
Keywords: Technology transfer;Intellectual property;Developing country;Know-how;Patents;Trademarks;Franchisee;North – South technology transfer
Issue Date: May-2004
Publisher: CSIR
Abstract: The exploitation of technological knowledge is central to the development process. Less developed economies typically obtain this knowledge from more advanced ones rather than by creating it themselves. Transfer of technology is the transfer of a patent with respect to a particular product, which is patented. The product of technology is mixed up with the technology itself. No effort is made to make a distinction between the two. This paper attempts to clarify the meaning of technology transfer and what it actually transfers and elaborates on the modalities of technology transfer agreement and the various types of the same. It also deals with the situation where there is a loss of confidentiality and elaborates on its effect on the liabilities of the contracting parties in various jurisdictions. The article also attempts to deal with the various intellectual property issues involved in technology transfer and attempts to analyse things from a developing country perspective.
Page(s): 260-274
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.09(3) [May 2004]

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