M.A. Thesis:

nalysis of economic legal constraints in the field of technology transfer contracts with a view to competition law and consumer rights

Many principles and rules of competition law in our country are explicitly or implicitly accepted, such as the principle of anti-competitiveness of horizontal contracts or the benefit of competitive technology transfer contracts; However, in Iranian law, the theory of complementarity between competition law and intellectual property rights is not accepted. It should be noted that a reasonable competitive policy requires that the refusal to grant technology transfer be prohibited only in exceptional circumstances. Although in some cases the rights of competition and technology transfer can be considered conflicting, it should also be noted that these two disciplines of law pursue a common goal. There are many restrictive terms and conditions in technology transfer contracts, these terms are necessary and important in some cases, but they can not be accepted when they violate the rules of competition law and affect consumer rights and public order. The condition is geographical constraint. This condition actually means that the operation, distribution or production of a product takes place in a certain geographical area. In such an assumption, it is not possible to export the desired product or develop related technology. This will distort the competition of the produced product with other similar products. Restrictive competitive conditions in concluding technology transfer contracts are of different types. In general, it can be said that the restrictive procedures of competition in technology transfer contracts include anti-competitive agreements and conditions. According to the present study, it can be concluded that Iran's legislative performance in the field of anti-competitive practices in technology transfer contracts is very weak. The prerequisite for creating a healthy and competitive market is that while supporting the owners of intellectual property, their performance in cases that interfere with competition law is limited to the extent that their original rights are not harmed. Keywords: Technology Transfer, Competition Law, Intellectual Property Law, Contract, Monopoly.

Keywords: Keywords: Technology Transfer, Competition Law, Intellectual Property Law, Contract, Monopoly.