Technology transfer agreements

Technology encompasses the entirety of information required for the production of goods and services, from production processes and methods to technical knowledge. Technological competencies shape the economic, political, and military power of nations and highlight technology transfer as a vital tool for enhancing industrial and global competitiveness, particularly in developing countries. Technology transfer typically involves the transfer of technology or know-how from one party to another through mutual agreement. This process is arranged through various agreements such as licensing, know-how, R&D, and turnkey project contracts, and brings with it multidimensional legal issues involving intellectual property law, competition law and international trade regulations. The first part of the study will cover the history of the concept of technology transfer, the definition and legal nature of technology transfer contracts. The second section will approach the rights and obligations imposed on parties regarding the use of the transferred technology, along with the general provisions of technology transfer agreements. The final section will address the reasons for the termination of technology transfer agreements and their implications. This study aims to contribute to the literature by analyzing the widely utilized technology transfer practices in Türkiye and globally within a legal framework, while providing insights into the essential elements of technology transfer agreements and key considerations for their implementation.