Legal Rules of Technology Transfer in Asia

Name: Legal Rules of Technology Transfer in Asia
Brand: Kluwer Law International
Price: 331.99 EUR
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Christopher Heath Kung-Chung Liu(Editor)

Kluwer Law International (Publisher)

Published on 1. October 2002

304 pages

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978-90-411-7687-5 (ISBN)

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Despite the harmonizing effect of TRIPS and intellectual property law in general, technology transfer remains firmly rooted in domestic contract law and public policy. However, similarities in legal culture across many national borders keep this problem to a minimum - until we approach the technologically advanced countries of East Asia. For practitioners worldwide working with technology transfer in this culturally heterogeneous part of the world, Legal Rules of Technology Transfer in Asia is a godsend.
For each of nine significant technology market jurisdictions - the PRC, Taiwan, Japan, Korea, Vietnam, Thailand, Malaysia, Singapore and Indonesia - this nuts-and-bolts approach to the applicable national rules provides all necessary legal information and guidance. Country chapters by local authorities are structured to cover the following essential factors: government policy on technological research and transfer; intellectual property system; licensing agreements; registration and notification; dispute resolution; tax considerations; transfer of patents; choice of law questions; franchising; publicity and merchandising; anti-trust rules.and many other invaluable details to help lawyers and business persons avoid pitfalls and make the most of the technology transfer opportunities available in these countries.

Two introductory chapters provide a much-needed perspective on technology transfer in the context of the world trade regime as it especially affects East Asia, with an emphasis on the trend to clarify and strengthen anti-trust rules. A concluding chapter surveys the market anthropology of the region and offers an expert assessment of the probable future development of technology transfer trade in the region.

With its first-hand, in-depth, country-by-country analysis, and its firm grasp on a diversity of relevant legal and cultural issues, Legal Rules of Technology Transfer in Asia is unexcelled for desktop use in offices handling East Asian trade in technology products.

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Content

Cover
Half Title Page
Title Page
Copyright Page
Table of Contents
Acknowledgements
About the Authors and Editors
Introductory Overview
PART 1 International and Comparative Aspects
CHAPTER 1 Rules of Technology Transfer and Antitrust in Current International Agreements and the Proposed International Antitrust Code
A. Rules on Technology Transfer and Antitrust
I. Licensing Contracts
II. Restrictive Clauses in Licensing Agreements
III. Rules on Antitrust
B. National, Regional and (Existing or Proposed) International Instruments Regulating Technology Transfer and Competition
I. National Regulations
II. Regional Regulations
III. International Regulations
1. UNFAIR COMPETITION LAW
2. ANTI-TRUST LAW
a) Preamble
b) Art. 8 (2): Abuse of Intellectual Property Rights
c) Art. 31
d) Art. 40: Antitrust Law in License Agreements
IV. The Draft International Antitrust Code
C. Underlying Considerations
I. The Dichotomy of Ownership and Acquisition
II. The Social Market Economy as an Alternative to Neoclassicism and Neoliberalism
III. The Individual Right
IV. The Rule of Law
V. Human Equality
VI. Current Significance?
CHAPTER 2 Technology Transfer in Context: Competition Policy Issues of Access to New Technologies
I. Introduction
II. Contractual Access to New Technologies
1. Antitrust Principles Applicable to Particular Types of Transactions
2. Licensing Transactions
III. Extra-contractual Access to New Technologies
1. IPR-intrinsic Access Routes
2. Access to Proprietary Technology of Dominant Enterprises
3. Predatory Practices
IV. Conclusion
PART 2 The "Mandarin" Jurisdictions
CHAPTER 3 Technology Transfer in the People's Republic of China - An Academic's Perspective
Introduction
I. Basic Principles
II. Specific Provisions
III. Legal Consequences
Conclusions
CHAPTER 4 Technology Transfer in the People's Republic of China - A Foreign Investor's Perspective
I. Technology Transfer Policy
1. Historical Context
2. Protection of Domestic Industries/Domestic Licensees
3. Research Policy, Technological Diffusion and IP System
II. Licensing Rules
1. Types of Licences
2. Concluding and Interpreting Licensing Agreements
3. Duties of Registration and Notification
4. Possible Conflicts between Licensee and Licensor
5. Conflicts between Licensor and Third Parties
6. Conflicts between Licensee and Third Parties
7. Parallel Imports and Territorial Protection
8. Termination of Licensing Agreements
9. Post Contractual Obligations
10. License of Patent Applications
11. Tax Law and Licensing Agreements
III. Transfer Agreements
1. Difference between License and Transfer
2. Objects of Transfer Agreements
3. Choice of Law
IV . Anti-Trust Rules Governing Licensing Agreements
1. Contract Act
2. Technology Import
CHAPTER 5 Technology Transfer in Taiwan
I. Technology Transfer Policy
1. Historical Context
2. Rules on Technology Transfer
A) ON INBOUND INVESTMENT AND TECHNOLOGY COOPERATION
B) ON OUTBOUND INVESTMENT AND TECHNOLOGY COOPERATION
3. Research Policy, Technology Diffusion and IP System
A) POLICY GOAL AND LEGAL INSTRUMENTS
B) R&D CAPACITY AND RESULTS
C) IP SYSTEM
II. Law on Technology Transfer or Licensing Agreements for Patents
1. Concluding and Interpreting Technology Transfer or Licensing Agreements
2. Types of Licenses
3. Duties and Effects of Registration
4. Possible Conflicts Between the Parties
5. Parallel Imports and Territorial Protection
III. Technology Transfer or Licensing Agreements for Other IP Rights
1. Trade Marks
2. Copyrights
3. Integrated Circuit Layouts
IV. Anti-trust Rules
1. General Remarks
2. Patent and Know-how Licensing Agreements
A) ANALYTICAL STEPS
B) WHITE CLAUSES
C) BLACK CLAUSES
D) GREY CLAUSES
3. Horizontal Restraints and Patent Pools
A) HORIZONTAL RESTRAINTS
B) PATENT POOL
V. Conclusion
CHAPTER 6 Technology Transfer in Japan
I. Technology Transfer Policy
Development of Intellectual Property
2. Rules on Technology Transfer
3. Research Policy, Technology Diffusion and the IP System
A) BACKGROUND
B) RESEARCH EXPENDITURES AND ACTIVITIES
C) RESULTS OF R&D EXPENDITURE
D) LEGISLA nON
E) THE DARK SIDE OF THE MOON
4. Practical Considerations for Tech Transfer Agreements
II. Licensing Rules for Patents
1. Concluding and Interpreting Licensing Agreements
2. Types of Licences
3. Duties and Effects of Registration
4. Possible Conflicts Between Licensee and Licensor
A) CONTRACTING PARTIES
B) TYPE OF CONTRACT
C) IMPLIED DUTIES OF THE LICENSEE
D) EXPLICIT OBLIGATIONS OF THE LICENSEE
E) IMPLIED DUTIES OF THE LICENSOR
F) EXPLICIT OBLIGATIONS OF THE LICENSOR
G) ARBITRATION CLAUSES
5. Conflicts Between Licensor and Third Parties
6. Conflicts Between Licensee and Third Parties
7. Parallel Imports and Territorial Protection
A) TRADE MARKS
B) PATENTS
C) COPYRIGHTS
8. Terminating Licensing Agreements
A) TERMINATION AS SUCH
B) CONSEQUENCES OF TERMINATION
C) THIRD PARTY RIGHTS
9. Post-contractual Obligations
10. Licensing Patent Rights Before Grant
A) SCOPE OF RIGHT
B) PROCEDURE
11. Tax Law and Licensing Agreements
III. Transfer Agreements for Patents
1. Differences between License and Transfer
2. Possible Objects of Transfer
A) TRANSFER OF RIGHTS
B) TRANSFER OF LICENCES
C) JOINT OWNERS
D) TRANSFER AND JOINT VENTURES
3. Duties of Registration and Notification
4. Tax Law and Transfer Agreements
5. Choice of Law Questions
IV. Agreements for Other Types of Rights
1. Know-how
A) GENERAL REMARKS
B) RIGHTS AND OBLIGATIONS
C) SUB-LICENSORS AND SUB-CONTRACTORS
D) LIMITS OF RESTRICTIONS ON THE LICENSEE
2. Trade Marks
REGISTERED AND UNREGISTERED MARKS
A) REGISTERED MARKS
aa) Use
bb) Associated Marks
cc) Renewals
dd) Transfer
B) UNREGISTERED MARKS
aa) Ownership and Standing to Sue
bb) Questions of Misappropriation by an Agent
3. Franchising Agreements
A) DUTIES OF INFORMATION
B) TERMINATION
4. Publicity Rights and Character Merchandising
5. Copyrights
V. Anti-trust rules
1. General Remarks
2. Patent and Know-how Licensing Agreements
3. Horizontal Restraints and Patent Pools
4. Distribution and Parallel Imports
5. Franchising Agreements
List of Literature:
CHAPTER 7 Technology Transfer in Korea
I. Technology Transfer Policy
1. Introduction
II. Licensing Rules for Patents
1. Concluding and Interpreting Licensing Agreements
2. Types of Licences
(1) EXCLUSIVE LICENCE
(2) NON-EXCLUSIVE LICENCE
3. Duties of Registration and Notification
(1) PROCEDURE FOR REGISTERING LICENCES
(2) DUTIES OF NOTIFICATION AND PROCEDURES FOR INTERNATIONAL TECHNOLOGY LICENSING AGREEMENTS
4. Duties of Licensor /Licensee
5. Conflicts Between Licensor/ Licensee and Third Parties
6. Parallel Imports and Territorial Protection
7. Terminating Licensing Agreements
8. Post-contractual Obligations
III. Transfer Agreements for Patents
IV. Agreements for other Types of Rights
1. Know-how
2. Trade Marks
3. Copyright Licences
V. Anti-trust Rules Governing Transfer Agreements
1. In General
2. Control of Unfair Trade Practices in International Licensing Contracts
3. Unfair Business Practices in Licensing Agreements, etc.
4. Distribution and Parallel Imports
V. Conclusion
PART 3 The ASEAN Countries
CHAPTER 8 Technology Transfer in Vietnam
I. Technology Transfer Policy in Vietnam
II. Overview on Technology Transfer Legislation
III. Scope of Technology Transfer
IV. Registration and/or Licensing of a Technology Transfer Contract
V. Anti-trust Issues
Restrictions on Transfer Agreements
VI. Tax Overview
Conclusion
CHAPTER 9 Technology Transfer in Thailand
I. Technology Transfer Policy
1. Meaning of Technology Transfer
2. Historical Context
3. Protection of Domestic Industry/Domestic Licensee
4. Research Policy and Technology Diffusion
5. The IP System
II. Licensing Rules
1. Types of Licences
2. Duties of Registration and Notification
3. Possible Conflicts Between Licensee and Licensor
4. Possible Conflicts Between Licensor and a Third Party
5. Conflicts Between Licensee and Third Parties
6. Parallel Imports and Territorial Protection
7. Terminating Licensing Agreements
8. Licensing Patent Rights Before Grant
9. Tax Law and Licensing Agreements
10. Use of Copyrights and Patent Rights by the Government
III. Anti-trust Rules Governing Licensing Agreements
CHAPTER 10 Technology Transfer in Malaysia
I. Technology Transfer Policy
1. Historical Context
2. Protection of Domestic Industry/Domestic Licensees
3. MIDA Policies
II. Licensing
1. Licensing in General
2. Concluding and Interpreting Licensing Agreements
2A. LICENSING OF PATENTS
Compulsory Licences
2B. LICENSING OF TRADE MARKS
The Licensing Agreement
3. Duties of Registration and Notification
4. Possible Conflicts Between Licensee and Licensor
5. Conflicts Between Licensee and Third Parties
6. Parallel Imports and Territorial Protection
7. Terminating Licensing Agreements and Post Contractual Obligations
8. Licensing Patent Rights Before Grant
9. Tax Law and Licensing Agreements
III. Transfer Agreements, Particularly for Know-how
1. Differences between License and Transfer
2. Possible Objects of Transfer
3. Duties of Registration and Notification
4. Tax Law and Transfer Agreements
5. Choice of Law
IV. Antitrust Rules
CHAPTER 11 Technology Transfer in Singapore
I. Technology Transfer Policy
1. Historical Context
2. Rules on Technology Transfer
II. Licensing Rules for Patents / Trade Marks
1. Types of Licences
2. Interpreting Terms in Licence Agreements
3. Duties of Registration and Notification
4. Parallel Imports and Territorial Protection
5. Tax Law and Licensing Agreements
III. Transfer Agreements for Patents/Trade Marks
1. Possible Objects of Transfer/Formalities
2. Duties of Registration and Notification
3. Tax Law and Transfer Agreements
IV. Anti-Trust Rules in the Telecommunications Industry
CHAPTER 12 Technology Transfer in Indonesia
I. Technology Transfer Policy
1. Historical Context
2. Protection of Domestic Industry/Domestic Licensees
3. Research Policy, Technology Diffusion and IP System
II. Licensing Rules
1. Types of Licences
2. Duties of Registration and Notification
3. Possible Conflicts between Licensee and Licensor
4. Possible Conflicts between Licensor and Third Parties
5. Conflicts between Licensee and Third Parties
6. Parallel Imports and Territorial Protection
7. Terminating Licensing Agreements
8. Post-contractual Obligations
9. Licensing Patent Rights before Grant
10. Tax Law and Licensing Agreements
III. Transfer Agreements
IV. Anti-trust Rules Governing Licensing Agreements
1. Anti-monopoly Act
2. Control of Agreements
3. Use of Copyrights and Patents by the Government
V. Conclusion
PART 4 Outlook
CHAPTER 13 Market Anthropology and Global Trade
I.
II.
III.
IV.
List of Cases Cited
Germany
Europe
Japan
Korea
Malaysia
Singapore
Taiwan
Thailand
United Kingdom
United States
Index
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Legal Rules of Technology Transfer in Asia

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