НАКНАДА КОД УГОВОРА О ТРАНСФЕРУ ТЕХНОЛОГИЈЕ
COMPENSATION IN TRANSFER OF TECHNOLOGУ CONTRACTS

Summary/Abstract: Compensation in transfer of technology contracts is one of the essential elements of contract, and at the same time a basic obligation of the one acquiring the technology, whose counterpart is the obligation of handing over the object by the party granting the technology. Payment of compensation may be effected both in monetary and natural forme (ie. delivery of goods manufactured by applying the acquired technology). Monetary form may be effected in various ways: (I) lump sum payment; (II) periodical payment, which depends on terms and conditions in the contract, and (III) in a mixed way. Countries enacting special regulations on the transfer of technology (developing countries) tend to restrict the autonomy of contracting in terms of the amount and duration of the right' to compensation, in order to protect domestic partner against excessive exploitation by the one transferring the technology. In addition, such regulations are full of details regarding the way and place of payment of compensation. There is also a rigorous procedure of control and permits vis-a-vis foreign partner for the purpose of obtaining insight into terms and conditions of payment, foreign currency exchange rate, and the like. The party acquiring the technology is also obliged to pay a compensation for services and technical assistance rendered. Technical assistance may consist of training the personnel of the receiving party, sending instructors to the factories of the domestic partner, etc. Closely connected to payment of compensation is a duty of informing and accounting. Namely, if the compensation is made dependent by contract of the scope of use of the technology transfered, the acquiring party has to report to the transferring one relevant facts serving as criteria for the amount of compensation.

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