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Legal mechanisms of technology transfer to developing countries

FOFANA Kadidjatou

Directeur de thèse : David Bakouche

How to help a country suffering to be developed?

This question has been asked for years now, even centuries. And even if some developing countries have managed to find an answer, either by them or with the help of International Cooperation, others are still struggling to get even that the poverty and remain the search for solutions.

A solution to the problem of underdevelopment appeared in the international transfer of technology, which combines support, training, cooperation, and sometimes financial assistance.

Given the importance of this process, the United Nations began a lawmaking process of technology transfer. We still remember the « International Code of Conduct for the transfer of technology, » which appeared as a major step forward for developing countries in economic progress. Unfortunately, this attempt failed due to discrepancies between the protagonists.

Nevertheless, the issue of international technology transfer is still present even more than the mastery of technological knowledge is crucial in international competition.

If the law of intellectual property exists in developing countries, there is not yet a way of combating counterfeiting.

These countries then, to have access to innovation, countries rely primarily on foreign direct investment and very little on the purchase of technology.

We have to determine the mechanisms of transfer of technology to developing countries and what is the impact of the transfer of patent protection?

This thesis is written with the objective of promoting both the acquisition of appropriate technologies for developing countries and the establishment of companies in developing countries.