.الشروط التقييدية في عقد ترخيص استغلال براءة الاختراع

Abstract

This study is aimed at clarifying the restrictive conditions in the licensing contract. As a legal phenomenon, contractual transactions are based on it. Which are arbitrary terms, according to this proposition. It’s where licensees use it to control and supervise licensed projects, Pursuant to the binding force of the contract, And given the patent's privacy, So this license contract is created with an imbalance of Will between the two parties, Both during the contract-making phase. Or in its execution phase, Or after it was dissolved, Influenced by strong legal and economic status of the licensor. The monopoly advantage of patent exploitation, It compromised some rules and principles of competition, Which led to a conflict between patent law and competition, Patent laws are designed to encourage innovation, while competition laws are aimed at regulating competition within national markets. The Algerian legislature's position is ambiguous. Because it stipulated that the restrictive conditions would be invalidated. Including the ones that come in the license contract, Or those contracts associated with it. According to Article 37-02 of the Patent Act, As a technology transfer contract.)TTC(. Then the legislator passes. In the text of (Article no.9) order n 03-03 Concerning law Competition. These agreements, or even practices, are authorized. If it would developing the public economic interest. When following many legal texts, we conclude that national legislation doesn’t have a comprehensive protective view of modern forms of contracts Especially on technology transfer laws.