Rozhodné právo a právomoc súdov v zmluvách využívaných pri transfere technológií

Abstract

The subject matter of contracts used in technology transfer is usually the granting of a licence or the transfer of intellectual property rights. It is also not exceptional that the contracting parties come from different countries. From a lawyer's perspective, this raises important questions: What law governs these contracts? Which state's court will have jurisdiction to adjudicate any disputes? Are the contracting parties completely free in this respect and can they simply agree on this? Or do any binding European or international rules come into play? This article attempts to outline some of the answers.

Keywords

• technology transfer
• intellectual property
• governing law
• jurisdiction