Academic journal article The George Washington Journal of International Law and Economics

International Technology Transfers

Academic journal article The George Washington Journal of International Law and Economics

International Technology Transfers

Article excerpt

International Technology Transfers, edited by Harry Rubin. London, United Kingdom: Graham & Trotman, 1995. Pp. 403. $145.00 (hardcover) .

The authors of International Technology Transfers seek to provide a practical framework for the analysis of international technology transfer transactions. The authors also provide an introduction to some of the issues regarding the structure of transactions. The contributors to this compilation argue that parties to technology transfer transactions must pay particular attention to the selection of a structure that most suits their endeavor. The reason for this emphasis on structure is that the selected vehicle will have important substantive implications throughout the life of the transaction. The term "technology" is used throughout the book with the broadest possible meaning, including general industrial property as well as the traditional forms of intellectual property such as patents, trademarks, copyrights, know-how, and trade secrets.

The general theme of the authors is that different structures impose correspondingly different substantive parameters on technology transfers. Rubin applies an interdisciplinary approach in this compilation, using the authors' different backgrounds and expertise to address the frequently divergent perspectives that businessmen and attorneys bring to technology transfer transactions. The authors focus particularly on those fields of business and law that are germane to international technology transfers, and clarify the manner in which they interact with one another.

The book begins with a chapter on intellectual property regimes and the safeguarding of proprietary rights in technology. It then addresses the various transfer structures available to a high-tech company, focussing on the legal and business implications of the different technology transfer structures. The alternative structures covered include direct end-use sale or licensing, contractual strategic alliances (agency, distribution, franchising, and sales representation), and joint ventures. …

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