Study On Legal Regulation Of Restrictive Clauses Of International Technology Transfer

Now is the era of knowledge economy, with the science and technology rapidly expanding. Competition between the country and the country also mainly manifests for the technical competition. Disparity of developing countries and developed countries' technology is getting bigger and bigger. The developing country must enhance the technical level to develop economy, through to the developed countries to purchase technology is a shortcut, and the developed countries also obtain economical benefit through transfer technology to the developing country. But the developed country's technology owners abuse the monopolistic position of the intellectual property rights to impose a lot of illegal restrictive clauses to receivers, and these bring receivers much serious pressure. Restrictive clauses also seriously hinder international technology transfer development, therefore it is necessary to regulate it with the law. USA, Japan etc , those major developed country, regulate restrictive clauses by establishing many kinds of statutes under the frame of antimonopoly law. Developing country with Mexico as representative mainly adjust and control the restrictive clauses with special technology transfer regulations. Our country is one of biggest technology importing countries in the world. However, the law of our country in regulating restrictive clauses is imperfect, which has not been able to protect our litigant's interest well. Therefore, it is very important to study how to regulate restrictive clauses effectively in international technology transfer. This article introduces situation of the international law and the domestic law to regulate the restrictive clauses and analyzes its significance and the influence. The comparative study was analyzed on the focus of controversy of restrictive clauses between developed country and developing country. Some imagination is proposed, which is based above, on how to perfecting law of regulating restrictive clauses.The introduction of this article summarizes domestic and overseas study status of restrictive clauses at present.Chapter one analyses basic theory issues of restrictive clauses, including restrictive clauses' definition, constitutive requirements and common concrete types.Chapter two mainly explains theoretical basis of regulating restrictive clauses. And analyses using intellectual property right law and anti-monopoly law to regulate restrictive clauses.Chapter three introduces international current situation of legislation on regulating restrictive clauses. The whiter mainly explains " The set of Multilaterally Agreed Equitable Rules for the Control of Restrictive Business Practices", that the United Nations has already passed, "an international code of conduct on transfer of technology"(draft), which hasn't passed yet, and WTO's TRIPS rules. Then makes comment on their merits and demerits.Chapter four studies on legislation of developed countries and developing countries. Here the writer choose American law, European union law, Japanese law and Mexican Law as studying objects. And introduces legislative status and characteristics of the developed countries and the developing countries, which gives many enlightenments for our country.Chapter five compares some aspects between developed countries and developing countries, including defining standard, reviewing principle and so on. And also makes a consideration binding Chinese legislation.Chapter six mainly introduce current situation and existent insufficiency of legislation of regulating restrictive clauses of our country, and propose some advices on perfecting legislation of our country.