Restrictive Conditions and Their Anticompetitive Effect in Technology Transfer Contracts

Abstract

Technology transfer contracts are among the most important internationl agreements that enable developing countries to acquire the technology they need to meet their social and economic demands.Since contracts are governed by the principle of pacta sunt servanda ,the will of the contracting parties plays a crucial rol in facilitating the transfer of technology. However, due to the economic disparity between technology owners and technology importers,technology providers often impose restrictive conditions that limit the full and beneficial utilization of the transferred technonlogy. These restrictions hinder the importer's ability to achieve their strategic objectives from the technology transfer process and, in some cases, severly li;it their benefits due to such oppressive conditions. This research paper aims to explore how international and national legislations address the issue of restrictive conditions in technology transfer contracts and assess their legitimacy