The Draft International Code of Conduct on the Transfer of Technology
A Study in Third World Development
Published on 15. June 1980
Book
Paperback/Softback
XVI, 195 pages
978-3-527-25698-3 (ISBN)
Description
The purpose of this book is to provide an introduction to the United Nations Draft International Code of Conduct on the Transfer of Technology (TOT-Code). This introductory approach does not, of necessity, offer complete coverage of all legal aspects of the TOT-Code. As the TOT-Code is not yet in force, a commentary on all its provisions is not, at this moment, feasible. On the other hand, any presentation of the TOT-Code requires a discussion of questions underlying the legal and economical philosophy of Third World development. This is done with regard to the fact that the TOT-Code is a paradigm of the New International Economic Order, one of the main policy objectives of the United Nations Organization. One result of this discussion will be the qualification of antitrust, properly defined, as an instrument of economic steering in international affairs. Another result will be the call for respect for the subjective right as an indispensable instrument of international economic development.
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Content
Preface Summary of Contents Contents Abbreviations Part One: General remarks Chapter 1: Introduction I. The purpose of this study II. The UNCTAD - structure, function and style of negotiation Chapter 2: Historical development I. The three phases of legal development in international trade regulation II. An underlying philosophy of the New International Economic Order: The "universal human heritage" argument III. The "soft law" approach in the establishment of the New International Economic Order IV. The history of the TOT-Code V. Other related projects Chapter 3: Some remarks on the ideology of the Code of Conduct on the Transfer of Technology (TOT-Code) I. The idea of "economic equality in the world" II. A critique of the "universal human heritage" argument III. Positions of Group B IV. The ideology of economic growth 1. Three types of economic development policy 2. Growth - an aim? 3. The neutrality towards growth of antitrust, neoliberalism, and public choice theory 4. The marxist concept of development 5. Market value and as if market value 6. Summary V. The ideology of sovereignty of the state and of the autonomy of the person Chapter 4: The Preamble of the TOT-Code I. "Technology key to the progress of mankind" II. Application to the TOT-Code to socialist countries III. Two proposed amendments to the Preamble: Paying respect to individuals and their standing in the market place Chapter 5: Legal character of the TOT-Code: Binding force or guidelines (para. (13) of the Preamble)? Part Two: The sections of the Code in perspective Chapter 6: Definitions and scope of applications Definitions 1. General remarks 2. The term "party" 3. Mother-daughter relations 4. The terms "aquiring" and "supplying" party 5. Definitions concerning "technology" II. Scope of application Chapter 7: Objectives and principles I. Objectives II. Principles Chapter 8: National regulation of transfer of technology transactions I. Contents of the chapter, problems, criticism 1. The renegotiation issue 2. Auxiliary measures 3. "National measures" - who may take them? II. The chapter on national regulations as a model law? Chapter 9: Restrictive business practices ("RBPs") I. The antitrust character of this chapter II. The issue of prohibition principle or abuse control principle 1. The contents of the group proposals 2. The system of exemptions III. Special treatment for developing countries - an additional exemption? 1. General remarks 2. Character and contents of the chapter 3. Interpretation IV. The unlawful practices 1. Grant-back provisions 2. Challenges to validity 3. Exclusive Dealing 4. Restrictions on research 5. Restrictions on the use of personnel 6. Price fixing 7. Restrictions on adaptations 8. Exclusive sales or representation agreements 9. Tying arrangements 10. Export restrictions 11. Patent pools or cross-licensing agreements and other arrangements 12. Restrictions on publicity 13. Payments and other obligations after expiration of industrial property rights 14. Restrictions after expiration of arrangement 15. Limitations on volume, scope, etc 16. Quality controls 17. Obligations to use a trademark 18. Requirement to provide equity or participate in management 19. Unlimited or unduly long duration of arrangements 20. Limitations upon use of technology already imported Chapter 10: Guarantees, responsibilities, obligations I. Purpose of the chapter II. Common provisions III. Negotiating phase IV. Contractual phase V. The legal character of this chapter Chapter 11: International collaboration Chapter 12: International institutional machinery I. General remarks II. The contents of the chapter on international institutional machinery III. Other possible examples of the machinery Chapter 13: Applicable law and settlement of disputes Chapter 14: Other provisions Part Three: Conclusions Chapter 15: The chances for realization of the TOT-Code I. The post-Arusha climate II. Analysis of interests III. The organizational context IV. Do ut des. The issue of adequate consideration V. Squaring the circle: Independence and cooperation Annex I. Text of the TOT-Code II. Selected Bibliography