الشروط التقييدية في عقود الترخيص الصناعي والآثار المترتبة عليها والموقف القانوني منها

الملخص EN

The countries that own technology are keen to keep the technology under their control and do not transfer it to developing countries except under restrictive conditions that guarantee its use in accordance with their economic interests.

therefore, the licensor often imposes unfair conditions on the licensee that restrict his freedom to use the technology he receives.

the licensee (technology importer)-who is the weak party in the contract-reluctantly accepts these unfair conditions due to his great need for technology, which leads to an increase in the technology gap.

in this context, the study addressed the concept of restrictive conditions, their forms, types, objectives, legal effects and legal position on them, as court rulings and legal texts came to protect the interests of the countries to which the licensor belongs.

therefore, the licensed countries, through international and regional organizations, and all available means, have made tremendous efforts to reduce the effects of restrictive conditions imposed by developed countries and to achieve the actual transfer of technology.