ABSTRACT

The subject of an international code of conduct for the transfer of technology has been on the international agenda for some time. Given the inherent weaknesses of most of the existing national and regional systems of legislation, an “internationalized” framework for the regulation of technology transactions is required. To establish new rules for the international transfer of technology, a code would not only have to control and regulate transfer conditions related to the trade in technologies, such as, for instance, transfer pricing and restrictions. Even if a code would have the means to deal with some of the major deficiencies related to the conditions of the transfer of technology, the question of whether a code would be able to codify and effectively sanction any deviations from its established guidelines remains. A code needs the corrective of workable, efficient, and effective national and regional instruments for the control and regulation of technology transactions, especially on the part of the receiver countries.