In the world we live in transfer of technology is of a great importance. The primary means of technology transfer is by imitating and making copies. However, there are cases where copying is impossible or prohibited. In those cases, technology transfer involves contracting. Those agreements may contain both transfer of codified and tacit knowledge. Technology transfer agreements, containing tacit knowledge, have special characteristics due to the presence of the know-how, and to the need to transfer it.
In this paper, I explore the special measures of technology transfer agreements containing tacit knowledge. I explain why general contract law does not address properly those challenges. I elaborate on the current solutions to these problems, adopted both by the parties and by legislatures, as well as their difficulties. Eventually, I propose possible solutions, either to the legislature or to the judiciary, in order to address those issues in a better way.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:OTU.1807/25721 |
| Date | 06 January 2011 |
| Creators | Katz, Abigail |
| Contributors | Katz, Ariel |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | en_ca |
| Detected Language | English |
| Type | Thesis |
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