Prevention Of Legal Risks In International Technology Cooperation

With the entry of WTO,PRC has lifted legal requirement concerning technology cooperation and extended period of patent rights,which create a better environment for technology coperation.Because of inherent difference of bargaining power and strong desire of technology import of domestic enterprises,rights and obligations in technology cooperation are substantially unbalanced in most cases.The main legal risks of technology cooperation agreement are as follows:restrictive business clauses,licensing fee,ownership of intellectual property.In view of this reality,on the base of summing up predeeessors'analyses,starting from the practice of our country,and international relative legislation,the author aims to make constructive suggestion in coping with legal risks in international technology cooperration.The whole text is divided into three parts:The first part is about the concept and kind of legal risks.The second part is about the legal risks concealed in the process of technology cooperation.The third part analyzes the way to prevent legal risks from technology cooperation.