موقف المشرع الأردني من معالجة الشروط التقييدية الواردة في عقود الترخيص

الملخص EN

The restrictive conditions, appears in licensing contracts and based on licensor, contain injustice for the licensee.

Also it is a kind of exploitation by licensor who has a powerfull negotiating positions as well as his technological, economic, and commercial superiority.

So, licensor intentionally puts such conditions to escape from his commitments towards licensing contracts and to keep the licensee in a state of technological, economic and commercial dependency.

Also the licensee uses these conditions to escape from his commitments towards the law to preserve his competitive advantage over his rivals.

The Jordanian legislator deals with this issue in the unfair competitive and trade secrets no.

(15/2000).

But the legislator was unsuccessful since he did not regulate all restrictive conditions and created confusion between them.

As for the penalty of adopting these conditions, the law considered these to be void.

But such penalty does not commensurate with the nature of license contracts.

Also it leads the licensor not to make these contracts which include transferring knowledge needed by the licensee to make required development process.