الإلتزام بنقل المعرفة الفنية السرية في عقود نقل السيطرة التكنولوجية : دراسة مقارنة

الملخص EN

In recent times, the international trade contracts based on the transfer of technological mastery have proliferated to replace the traditional technology transfer contracts that established the principle of technological dependence on developed countries.

Most countries are seeking to localize technology to remove that dependency by agreeing with the technology supplier to transfer confidential technical knowledge (know-how).

This enables the use and development of the transferred technology in an independent manner from its supplier, and not just the agreement to transfer the material elements used in the operation of technology.

Examples include machinery, industrial equipment or the intangible elements protected by a patent in which case the use duration depends on the period authorized by the patent owner.

Therefore, this study focuses on addressing the most important issues that may provoke legal disputes between parties to contracts for the transfer of technological control that are subject to the transfer of confidential technical knowledge.

However, in those contracts, the recipient is concerned with the technology supplier empowering him with confidential technical knowledge in a way that guarantees his mastery over the transferred technology and his consequent ability to indigenize it.

The technology supplier strives to ensure that the recipient adheres to the confidentiality of the transferred technical knowledge which derives its importance from its confidentiality.

And if it is exposed to disclosure, i.e.

exposed to technical destruction, he will not be able to invest in it later.

We have concluded through the study that the obligation to transfer confidential technical knowledge (know-how), as the essence of contracts for the transfer of technological mastery, requires the supplier to adhere to the appropriate mechanisms for the transfer of confidential technical knowledge, both in theory and practice.

It also requires the technology recipient to take appropriate measures that enable him to maintain confidentiality; otherwise, his legal liability towards the supplier arises.

Finally, we recommend that the Emirati legislator regulate technology transfer contracts to indigenize and ensure control over and the transferred technology.