International Intellectual Property: A Summary of Recent Developments and Issues for the Coming Decade (original) (raw)

1992, Santa Clara High Technology Law Journal

INTERNTIONAL INTELLECTUAL PROPERTY position, 5 including IP rights; compulsory licensing and nationalization provisions; 6 rules and procedures with respect to arbitration; environmental laws; export controls; 7 and even bankruptcy laws. 5. Technology transfers by developed countries to developing countries raise a number of concerns in light of the different goals of the parties to the transaction. For example, with respect to trade secrets, issues arise as to limitations that are imposed upon the duration of any trade secret protection, the ownership of improvements to or new applications of the trade secret, and the ability of the licensor to adequately assert its rights to protect the trade secret in the licensee's country. As to the actual terms of any technology transfer license, concerns arise as to limitations on the amount of any royalties, the imposition of "paid-up" rights under patents extending beyond the running royalty payment period, requirements that licenses be governed by local law and subject to local arbitration, restrictions on "grantback" clauses and other competitive practices, warranty requirements, and registration procedures as a condition to enforceability. Among those countries known to have material laws and regulations relating to the inbound transfer of technology as of the end of 1990 were the following: