Year:2023   Volume: 5   Issue: 1   Area:

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Raed Ghalib HASSAN


Technology transfer contracts are among the most common contracts at the present time، due to the increasing need to keep pace with development، especially if we know that there is a clear discrepancy between the countries of the world in the field of information technology، as developing countries seek to get rid of their economic problems to overcome the state of backwardness and compensate for the state of delay. This is based on the transfer of advanced technology in various productive sectors، so these contracts appeared that focus in essence on moral elements (Morals) represented in information، technical assistance ، or patent rights ، and work to transfer them from the first party supplying (Supplier) to the second party receiving (Recipient). The most important characteristic of these contracts is the diversity of their forms depending on the diversity of the shop. Some of these contracts focus on the transfer of technology with all its elements، and some of them focus on a specific element or more of its elements ، or the subject of which is to provide expertise ، advice or a certain effort، and this appears clearly if The recipient party does not have the ability to absorb، use and develop the transferred technology. This diversity made it difficult to determine the nature of the contract، and thus assigning it to one of the well-known contracts. This difficulty increases in legislation in which the legal regulation of the provisions of this type of contract is absent ، as is the case with Iraqi legislation. To shed light on this issue، we sought the help of the legislative provisions mentioned in the Trade Law. Al-Masry No. (17) for the year 1999، due to the absence of codification in Iraqi law، through the following two studies: The first topic: the nature of the technology transfer contract. The second topic: the legal nature of the technology transfer contract

Keywords: Legal Regulation, Contracts, Technology Contracts, Transfer of Ownership.