«Russia and the World Community’s Respond to a Challenge of Instability of Economic and Legal Systems Materials of the International Scientific-practical Conference ...»
that it is hardly possible to require the foreign investor to practice it". Amari Faisal, “Oil contracts and the question of transfer of technology”, Tehran, Journal of public Law,2008, pp 240-245.
Section V: Restrictive Commercial Practices in Transfer of technology Contracts Transfer of technology contracts mostly have restrictive commercial practices and trends. "Mostly, the definitions provided concerning the restrictive commercial practices and trends are based on the concept of market domination by one or more companies and the subject of competition. Indeed, the restrictive commercial practices and trends are considered as a tool for companies by means of which they can eliminate their rivals from the market and as a result gain unusual advantages and profit by achieving to non-rival and exclusive market". Restrictive commercial practices and trends have various types and here is some of them:
1- Business restrictions practice related to transfer of technology for manufacturing aims 1-1Restrictions on field of use 1-2Use of competing technologies 1-3Restrictions on volume of productions 1-4Exclusivity arrangements 1-5Tying clauses 1-6Duration of arrangements 1-7Quality controls 2-Business restrictions practice related to goods distribution 2-1Territorial Restrictions 2-2Territorial Restrictions 2-3Export Restrictions 3-Business restrictions practice related to development of national technology and scientific abilities 3-1Restrictions on research and development 3-2Grant Back Provisions 3-3Restrictions on compulsory purchase of inventions or technological improvements 3-4Restrictions on use and training of personal 4-Other kind of business restrictions practice 4-1Restrictions after expiration of industrial property rights 4-2Restrictions after expiration of arrangements 4-3No challenge provisions 4-4Restriction related to not competing with owner of technology 4-5Price fixing Fundamental importance of restrictive commercial practices and trends is related to the fact that the practices prevent from healthy commercial competition in the market and smaller economic organs with less financial and economical power comparing to their rivals will be deprived of the possibility of healthy Zahedi Mahdi,’ Restrictive Commercial Practices in Transfer of technology Contracts’ law and policy researches,no 23,2007,pp230-254.
competition. In addition, various types of restrictive commercial practices and trends are not limited.
Section IX: Iran and the Issue of International Sanctions The important point about Iran Oil Industry is the discussion of the international sanctions n the field. Although the discussion not only is not accounted by Iran as a threat but also as a chance for progressing domestic industries, some points must be considered; firstly, Iran (just like other developing countries) also requires a great development with very extensive investment in research and development which will not be so effective without international communication and enormous investment; secondly, Iran's attitude toward using domestic experts and contractors instead of the international ones does not provide the chance for international transfer of technology and in its best, intra-company and inter-industrial transmission will be feasible. If these issues are considered beside small exploitation capacity of Iran in common oil resources comparing to the neighbor countries, role and necessity of transfer of technology at international level seems necessary for Iran to achieve required desirable capacities.
Conclusion Followings are resulted from this short review:
Oil contracts (of whatever types) have not been considered by countries for transfer of technology. They are aimed at financing financial and non-financial capital for excavation, exploitation and selling oil. So, transfer of technology is not the main objective of the contracts, yet it cannot be believed that such contracts totally and absolutely cannot provide even a part of technological needs of the country. As a result, a more appropriate structure must be considered for supplying the issue. Though some countries (such as Iran, Ecuador, Indonesia, Nigeria and Trinidad and Tobago) have cited obligations in their own contracts with foreign investors to enhance their citizens' technology level, practically such providences have played a small role in reducing the technological dependency of the host countries. And any kind of transmission in the regard has been limited to the old operational technology (or produced technology) resulted from legal obstacles and economic limits for signing more suitable contracts for best use and transmission of more up-dated technology. The main reason for the limit is the role played by technology for its owner as the factor of competitive dominancy in international market. The foreign company will not transmit the technology till it is not old and outdated and maintain its competitive dominancy.
The underlying logic of the restrictive commercial practices and trends in the transfer of technology contracts is also the same matter.
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