Law on transfer of technology : with pull-out paper on its tax treatment

One of the major consequences of the industrial progress that the nations of the world have achieved or have been trying to achieve, is the growth in the volume and variety of transactions in the nature of transfer of technology. A transaction in the shape of transfer of technology has several aspects - technical, financial, managerial and legal. The time has come to study the legal implications of transfer of technology in their various aspects. An examination of such a transaction from the legal angle touches on several spheres of law, such as contract, intellectual property, and so on. It is proposed to present in this study a review of the salient features of the law on the subject, with the expectation that the lawyer, the businessman and the business executive concerned with such a transaction will be at least able to have a reasonably clear perception of what is the likely legal effect of a particular transaction.

Various aspects of intellectual property Owners of intellectual property rights are granted protection by the State under varying conditions and periods of time, to defend their rights to past endeavours, to encourage their continuing innovativeness and creativity and to assure the public of a flow of useful, informative and intellectually desirable works-Helena Stalson, Intellectual Property Rights and US Competitiveness in Trade (1987), pp. 1-9, as abridged in the Span, February, 1989. However, when the product enters international trade, which is generally through contract, one has to bear in mind the legislation of the host country, plus the terms of the contract or other arrangement under which the entry takes place.