THE APPLICABLE LAW ON TECHNOLOGY TRANSFER CONTRACTS IN LIGHT OF THE EXCLUSION OF THE LAW OF WILL

Abstract

Technology is the right term that suggests progress and prosperity in various aspects of life, as devoted countries have spent a lot of money and efforts to achieve advanced results in this field, and this has led to some negative repercussions that have been embodied in the occurrence of a technological gap between developed and developing countries, and thus a small group of countries have dominated the means of knowledge and technology, and the process of technology transfer has been accompanied by the emergence of new legal rules that are compatible with economic and technological growth, as this type of contract (technology transfer) plays a major role in serving the goals of development and progress, due to its broad impact on the environment in which it is implemented, as it meets social, economic and political goals at the same time, and perhaps the most important thing related to technology from the point of view of legal men is the legal regulation of its transfer, which may relate to the legal texts and legislation through which the legislator seeks to impose it in this field to oblige the contracting parties to follow it to protect the public interest and the country's economy, and to ensure these legislations for the transfer of technology in a way that makes the two parties to the relationship, the technology supplier and the beneficiary state, in a state of contractual balance, and in the event of completion the process of contracting: The parties are endeavoring to complete the contract in its entirety, a process that may require a significant amount of time due to the complexity and multiplicity of the project implementation stages. This necessitates resolving them by the underlying law and utilizing amicable settlement methods. Otherwise, the contracting parties pursue alternative dispute resolution methods, including international arbitration and the judiciary. Therefore, it is imperative to ascertain the law that governs the contract. In this research, we address it by subjecting technology transfer contracts to the national law of the beneficiary state through the objective focus approach, applying the national law of the beneficiary state of technology based on legal considerations, or liberating technology transfer contracts from the authority of the national law of the beneficiary state by applying the self-law of the contract, the general principles of law, or the rules of international trade law