SIPLA

Projects

PATENTS, COMPETITION
International Technology Transfer
23-03-2018

Technology is a vital factor in economic development, and it spreads in different ways, one of which is as part of international trade and foreign direct investment, leading to an increasing economic interdependence between countries. There is evidence of the challenge posed to developing countries by the international transfer of technology, for example, in the negotiation and inclusion of contractual clauses that may be considered restrictive or anticompetitive.

In the area of international technology transfer, intellectual property is considered to have a vital role in providing incentives for the transfer not only between industrialized countries and developing economies but also between emerging economies. The main characteristic of intellectual property is that it excludes third parties from exploiting the subject matter of the rights. Competition law plays a decisive role in preventing abusive conduct since it regulates conduct that may affect the free market. Concerning the transfer of technology in cases where there are intellectual property rights, the right holder or licensor may establish conditions that are abusive or restrict the possibility of the licensee's adoption of the technology. Based on the above, the project aims to analyze the modalities of contracting and contractual clauses, as well as their interdisciplinary interpretation from sources such as intellectual property, competition, commercial law, or civil law.

The project examines the relevant technology transfer rules in selected countries of the region (Argentina, Brazil, Chile, Colombia, Mexico, Peru, Uruguay and Venezuela) and their adopted approach to stimulate technology transfer processes, such as tax exemptions or transfer incentives among others. In particular, it analyses existing contractual clauses and rules on civil and commercial law and competition to examine the mechanisms proposed by the countries under study to promote technology transfer and restrict abusive conduct. Through this approach, the study seeks to learn about successful examples and offer an adaptable framework -to the country or technology sector- for the region

 

FURTHER PROJECTS
TRADE
05-11-2019

In recent decades Latin America has concluded a number of Free Trade Agreements with developed countries, in particular with the United States and the European Union. These agreements not only liberal ...

PATENTS, COMPETITION
23-03-2018

As a framework regulation for innovation markets, the patent system needs to be tailored to both the innovation process it is supposed to serve and the competitive environment, within which it must op ...

GEOGRAPHICAL INDICATIONS, TRADEMARKS
23-03-2018

Origin-based production, including manufacturing, handicraft, and especially food production in Latin American countries is essential to their economies. In particular, to regional economies of small  ...