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Technology Transfer Agreements Containing Tacit ‎Knowledge

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.‎

Identiferoai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:OTU.1807/25721
Date06 January 2011
CreatorsKatz, Abigail
ContributorsKatz, Ariel
Source SetsLibrary and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada
Languageen_ca
Detected LanguageEnglish
TypeThesis

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