Date of Award

10-2020

Degree Type

Dissertation

Degree Name

Doctor of Law (SJD)

Department

Law

First Advisor

Professor Dr. William T. Gallagher

Second Advisor

Professor Dr. Warren E. Small

Third Advisor

Professor Dr. Hamed Adib Natanzi

Abstract

According to the U.S. Congress, it can be inferred that "In general, the process of commercializing intellectual property is very complex, highly risky, takes a long time, cost much more than you think it will, and usually fails.”

This quote from the Congressional Committee on Science and Technology is validation on how complex commercializing intellectual property protected technology and transferring it is. International businesses are required to comply with a vast range of domestic and foreign laws and regulations when transferring or licensing their technology. A key concern is how the achieved technology would be used elsewhere and the responsibility they feel for having access to it.

The objective of this work is to provide a comprehensive comparative study on the formulation of international technology licensing transactions in compliance with corporate regulations and fair competition, tax regulations and intellectual property protection rights. Also, this paper is headed to hopefully provide a game plan for developing countries which are not in possession of a comprehensive regulation for the discussed matter, to help them benefit through this comparative study of three very developed texts of law and practices in three very diverse legal systems.

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