THE LEGAL NATURE OF TECHNOLOGY TRANSFER AGREEMENTS AND THEIR INTERACTION WITH CO

In the global economic order, the production, protection and dissemination of technology have become essential determinants of economic growth and competitive advantage.In this context, technology transfer refers to the transformation of developed technology into a commercial product or process and the transfer of knowledge and experience from one party to another.The legal framework of technology transfer is predominantly established through technology transfer agreements, which generally take the form of license agreements.This article examines the legal nature of technology transfer agreements within the framework of contract law and analyzes their relationship with intellectual and industrial property rights.In this regard, the study addresses the characterization of technology transfer agreements as innominate contracts, their nature as continuing obligations, and the reciprocal rights and obligations imposed on the parties.Furthermore, the monopolistic effects inherent in intellectual property rights and their potential implications under competition law are evaluated.The second part of the article focuses on the competitive effects of technology transfer agreements within the scope of Turkish Competition Law and European Union practices.In particular, the conditions under which such agreements may benefit from block or individual exemptions are examined in light of the Act on the Protection of Competition No. 4054 and the Block Exemption Communiqu on Technology Transfer Agreements No. 2008/2.The aim of this study is to provide a comprehensive analysis of the balance between the legal structure of technology transfer agreements and competition law principles.