University of Khartoum

مدى ملاءمة القواعد المنظمة لبراءات الاختراع في جذب ونقل التكنولوجيا للدول النامية

مدى ملاءمة القواعد المنظمة لبراءات الاختراع في جذب ونقل التكنولوجيا للدول النامية

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Title: مدى ملاءمة القواعد المنظمة لبراءات الاختراع في جذب ونقل التكنولوجيا للدول النامية
Author: ., هويدا سعيد عبدالله صالح باسودان
Abstract: The aim of this study is to analyze the patent protection system in the domestic legislation of the countries and the international organization, and to indicate the strong provisions mentioned in the agreements, especially the TRIPS Agreement, and its impact on attracting and transferring technology to developing countries. It also focuses on the strong shock to developing countries as a result of the lack of harmonization of the provisions of the convention for their ambition and hopes for technological progress. The researcher adopts the analytical method in explaining and analyzing the legal texts and international conventions, as well as the comparative method in stating the position of the laws of developed and developing countries and their position on the protection of patents and their suitability to the TRIPS Agreement. The study came out with several findings, the most important of which are that: the internal legislations of the countries concerned with the regulation of patents are almost identical in their general characteristics, with some differences. The system of narration in the majority of international and regional conventions is based on traditional conditions whose concepts vary from state to another. The TRIPS Agreement provided strong provisions by providing patentability for all inventions in all fields of technology without exception, and limiting the patent protection period by twenty years, thus, giving developed countries a longer period of protection for technology, which negatively affects consuming countries. Mechanisms by which technology is transferred to developing countries are ineffective for the transfer of technology, and they cannot build a strong technological base. In light of these findings, the researcher recommends developing countries to expedite the amendment of their internal laws to cope with the TRIPS Agreement and to benefit from the grace periods mentioned in the agreement. They should be concerned with patent offices and their development and the establishment of research and training centers, and be careful in purchasing technology from developed countries so as advanced technology is transferred.
Description: 234 Pages
URI: http://khartoumspace.uofk.edu/123456789/27135
Date: 2017-01


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