Study On Legal Regulation Of Restrictive Business Practice In The International Technical Transfer

International technology trade has been an important field in the whole world of international trade under the background of the global economic integration. However, developed countries are always inclined to pressing developing counties in the trade in use of their trade advantage in the condition of large distance between developing and developed countries. As the largest developing country, China is at the same situation as almost developing countries around the world. The main idea of the essay is to learn international and other countries'experience and conclude our nation's legal process and lost and discuss how China improve legal regulation of restrictive commercial action in the international technical transfer.Firstly, this essay is analyzing legal regulation of restrictive commercial action in the international technical transfer in several aspects of international technical transfer and restrictive commercial practices, such as legal definition, characteristics, ect. to help readers have a emotional knowledge on legal level.Secondly, this essay lists the relevant regulations of international technology transfer in the international covenant on restrictive business practices, including the "Paris Convention", "Multilateral Agreements Control of Restrictive Business Practices, Principles and Rules", "International Technology Transfer Code of Conduct" (Draft), WTO framework include "Agreement on Trade-Related Intellectual Property Rights" and other related WTO agreements under the framework of restrictive business practices on the legal regulation of the contents of the description and the international convention on restrictive business practices the merits of the legal regulation analysis. With these conventions,we can see historical process, historical distribute from the these international convention, we can learn from historical contributions and experience at the same time.Then, the essay is also analyzing the advantages and disadvantages in legal regulation of restrictive commercial action in the international technical transfer on introducing restrictive business practices on the north countries and south countries. The part is mainly made up of two parts of developed and developing countries. In developed countries, such as the United States antitrust law, EU competition law, Japan prohibit monopoly law; in developing countries , the essay introduces legal regulation on the restrictive business practices mainly in Brazil legislation, the Indian intellectual property, legal regulation on the restrictive business practices in Mexico. On the aspect of legal regulation on the restrictive business practices, developing countries are weaker than developed countries, but for a developing country, these experiences and lessons for developing countries may be more meaning for concern.Finally, as the most important part of this paper, this part is focus on the restrictive business practices and improvement of the legal regulation in the field of technology transfer in China. Through the analysis of legal process and problems in the filed, focused on the legal improvement on restrictive business practices in China to explore in depth of how China should improve the international transfer of technology restrictive business practices in the legal regulation of this path look to the future, to make our country a truly innovative nation.