The condition of transfer of technical knowledge in bachelor contracts
Author(s):
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
Bachelor contracts of technical knowledge, the place of interaction and meeting requirements of bachelor contracts, as mainly contractual issues on the one hand, and requirements of technical knowledge, as innovative confidential information subject to and under the protection of the trade secret system, as a special protection paradigm that is exclusive but limited in terms It is considered unlimited time, depending on the confidentiality of its subject. It can be said that none of the intellectual property is as dependent on a contractual mechanism as technical knowledge for transfer. A mechanism through which the limited disclosure of information for the purpose of exploitation can be done and through the explicit conditions included in it or the implied conditions that are inferred from it, obligations such as confidentiality and other contractual expectations can be fulfilled. These contracts, although they have similarities with other intellectual property licenses, are different from other intellectual property licenses in terms of the specific technical knowledge of their subject. This distinction causes differences in the effects of these contracts, including their terms and obligations. The obligations of the parties in these contracts are divided into two categories: guarantee or warranty obligations and other obligations. The guarantee obligations of the Bachelor of Technical Knowledge are divided into two categories: ownership-oriented warranties and quality-oriented warranties, some of which are presented absolutely and some of them are limited based on the analysis of the nature of the technical knowledge of the subject of the contract. Some of the other most important obligations of bachelor of technical knowledge contracts are the obligation on confidentiality, the obligation on non-challenge, the obligation on non-comment, the obligation on non-reverse engineering, the obligation on the return of improvements and derivatives of technical knowledge, the obligation on the continuation of payment of compensation after invalidation. Technical knowledge of the subject of the contract and the status of this obligation in composite licenses, the obligation not to transfer and assign the rights and obligations of the subject of the contract, the obligation not to research and develop, and some other obligations that exist either only in this type of contracts or in these contracts They get a special effect.
Keywords:
Language:
Persian
Published:
Journal of Law and Political Studies, Volume:4 Issue: 3, 2024
Pages:
333 to 347
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