Annales de l’université d’Alger
Volume 31, Numéro 3, Pages 409-427
2017-12-15
Protect The Recipient Of Know-how From Restrictive Conditions Under The Competition Law.
Authors : عروسي ساسية .
Abstract
The supplier of technical know-how is keen to include clauses in licensing contracts that include intellectual property rights and are intended to tighten the licensee's control over the licensed project and to prevent it from entering the arena of competition in the local and international markets. Therefore, the competition law is considered an effective means of protecting the Algerian party as a recipient of technical knowledge from these conditions because it prevents unfair and restrictive practices. However, this method is insufficient to regulate the contracts of technical knowledge in Algerian law and to clash with the general principles of conflict of laws. An obstacle to the policy of opening the Jalal for foreign investment and the benefit of the labor force to work in these projects, so we propose to the Algerian legislator to designate a contract transfer of technology in the commercial law with the definition of the conditions of restrictive and false and adherence to jurisdiction National Da'i in the consideration of disputes relating to contracts of technology to protect the Algerian party receiving technical knowledge, in particular transport, and the protection of the national economy in general.
Keywords
know how ,Restrictive conditions ; protection ; licensee ;competition law.
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