Quarterly Publication

Document Type : Original Article

Authors

1 Associate Professor, International Trade Law and Intellectual Property Rights and Cyberspace Group, Shahid Beheshti University, Tehran, Iran

2 M.A in Private Law, Bu-Ali Sina University, Hamedan, Iran

Abstract

Foreign investment contracts are one of the major ways to absorb the technology in oil and gas industry. Studies show that governments and investing companies prefer to gain more profit and control economic resources and political influence by investing financially and technically in developing countries than to buy foreign technology and intellectual property rights directly. On the other hand, for developing countries, the sum of foreign capital and technology within a contract is a great opportunity for advancement provided that the technology transfer is chosen with due regard to the country’s needs, requirements, and economic future. In this work, after examining the relationship between investment and technology transfer and its various methods in oil and gas industry, we will analyze the constraints on and the barriers to technology transfer through foreign investment in developing countries, including Iran, and provide a solution. 

Keywords

Main Subjects

Ameri, Faisal (2001), Foreign Direct Investment and Its Role in Technology Transfer to Developing Countries, Journal of Law and Policy Research Third Year, No. 5, Fall and Winter.
Asghari, Mahdi & Mohammad Ali Rakhshanikia (2013), Technology transfer in Oil industry, significance and challenges, 2nd International Conference on Leadership, Technology and Innovation Management, Procedia - Social and Behavioral Sciences, Vol. 75.
Baker & Cunningham (1983), "Countertrade and trade Law", Journal of Comparative Business and Capital Market Law 5.
Bakhtiari, Manouchehr (2001), Principles, Obstacles, and Legal Approaches to Support International Commercial Economic Investments, Supervised by Dr. Shahriar Bahrami, Faculty of Law, Shahid Beheshti University, December.
Chen, Edward (1994), "Intra-regional Investment and Technology Transfer in the Asian-Pacific Region", In: Intra-Regional Investment and Technology Transfer in Asia, Tokyo: Asian Productivity Organization.
Correa, Carlos (2007), UNCTAD The Least Developed Countries Report 2007 Background Paper, Intellectual Property in LDCs: Strategies for Enhancing. Technology Transfer and Dissemination University of Buenos.
Doscher, Susan L (1974). "Government's Role in the Transfer of Technology", in:  Davidson, Harold F. Cetron, Marvin J. and Goldhar, Joel D. (eds.) Technology Transfer, Noordhoff International Pub, Leiden.
Fox, D. M. (2019), Technology Transfer and The Trips Agreement are Developed Countries Meeting Their end of The Bargain, Hastings Science and Technology Law.
Haji Azizi, Bijan (1992), Assignment of Technical Information in Iranian Law and Comparative Law (Technology Transfer), Master's Degree in Private Law, Supervised by Dr. Goodarz Eftekhar Jahromi, Faculty of Law, Shahid Beheshti University.
Haug, David M (1992), The International Transfer of Technology: Lessons that East Europe Can Learn from The Failed Third World Experience, Harvard Journal of Law & Technology, Volume 5, Spring Issue.
Hayden, Eric W (1976). Technology Transfer to East Europe: U.S. Corporate Experience, New York.
Iranian Decree No. 82 / T 13 K dated May 01, 1990 of Council of Ministers.
Khazaei, Hossein and Badri Ahri, Rasool (1990), An Overview of The Legal Concept of "J. V" in American Law and International Law, Law Journal of The Office of International Legal Services of The Islamic Republic of Iran, Issue 13, Fall and Winter.
Manyuchi, Albert Edgar (2016), Foreign Direct Investment and the Transfer of Technologies to Angola's Energy Sector, in: Africa Spectrum, Vol. 51.
Maskus, Keith E (1998). The Role of Intellectual Property Rights in Encouraging Foreign Direct Investment and Technology Transfer, Duke Journal of Comparative & International Law, Vol. 9, 109.
Osano, Hezron M.  and Pauline W.  Koine (2016), Role of Foreign Direct Investment on Technology Transfer and Economic Growth in Kenya: A Case of The Energy Sector, Journal of Innovation and Entrepreneurship, Vol. 5.
Shiravi, Abdolhossein (2017), Oil and Gas Law, Fourth Edition, Mizan Publications, Tehran.
Shiravi, Abdul Hussein (2001), The Reasons for Using BOTs and the Government's Role in Successful Projects, Journal of Qom Higher Education Complex, Third Year, No. 11, Winter.
Sornarajah, M (2004), The International Law on Foreign Investment, Cambridge University Press, 2nd Edition.
The United Nations Centre on Transnational Corporations (NCTC 1986), The United Nations Code of Conduct on Transnational Corporations. Current Studies, Series A, No. 4. New York.
UNCITRAL Legal Guide (1992), The UNCITRAL Legal Guide on International Countertrade Transactions, at: www.uncitral.org .
United Nations Conference (1985) on an International Code of Conduct on The Transfer of Technology,  Draft International Code of Conduct on the Transfer of Technology, at: http://stdev.unctad.org/compendium/documents/totcode%20.html
United Nations Conference on Trade and Development (UNCTAD 1996). International Investment Instruments: A Compendium, Three Volumes, Geneva: United Nations, Vol. I.
United Nations General Assembly Resolution 3202 (1974, S-VI), the Program of Action on the Establishment of a New International Economic Order.
United Nations General Assembly Resolution 3281 (1974, XXIX), The Charter on The Economic Rights and Duties of States. at: http://www.vilp.de/Enpdf/e162.pdf