A Probe Into The Legal Problems In International Technology Transfer

At the era of knowledge-based economy, technology has become the key factor of improving the economy of a nation as well as the people's living standards. As a result, the transfer of technology between different nations is becoming more and more frequent than ever. However, the extremely imbalanced development of such transfers, esp. the status quo and such severe conflicts in many fields as strict regulations, requires us to seek for a practical solution actively. Based upon a detailed analysis of substantial inter and intra-national laws and regulations, of the conflicts between the universal requirements as well as the separated and divided situations concerning technology transfer between different countries, the thesis here is intended to point out the main conflicts and drawbacks and try to find an institutional solution both internationally and intranationally so that technology can virtually become a powerful engine to push forward the economy as well as the living standards of the people. As far as the intranational perspective, the countries studied can be divided into two: developed and developing countries. China, as an active and important participator in international technology transfer, is exerting a greater and greater influence upon China and other countries in terms of the real transfer process and the construction of transfer system. However, the muddled state of today's technology transfer regulations bars the healthy development and exchange of technologies. As a result, a detailed research into the relevant laws and regulations becomes quite necessary. For such a research has a great significance theoretically and practically in upgrading China's comprehensive tech-competiveness, upholding the interests of our nation as well as the enterprises in international negotiations, and at the same time, promoting the construction of technology transfer system and the exchanges in practice.The thesis is divided into four parts:Through the screening of the relevant theories concerning international transfer, the ultimate purpose of making excess profits is revealed in the first part, which nevertheless advances the exchanges, progress and share of technologies. At the same time, some focal issues heatedly discussed in practice are presented, including technology pricing, control of restrictive business practices, technology transfer and intellectual property protection, and the application of the law. Effective strategies, based on the practice, are proposed from both the theoretical and practical perspectives so as to act as a useful reference to the coordination between countries.The second part is a deep research into the regulations of both domestic and international laws. Domestic laws concerned mainly include several categories, such as, basic legal norms, technology transfer controls and regulations, anti-monopoly and unfair competition law. International laws are now concerned with legal systems under WIPPO, UN and WTO. Some drawbacks existing in the current legal systems are also pointed out: the lack of all-sides-agreed laws and agreements on the level of institutional systems, the existence of overwhelming regulative prescriptions in practice with the severe absence of concrete regulations, and the priority over confirming and protecting rights with the rights of developing countries overlooked.The third part reveals various conflicts existing technology transfer between the conflicted transfer entities competing for their own profits. Such conflicts mainly include technology ownership, technology levels, intellectual property protection, technology control and so on, all of which are formed not just on the basis of historic factors and virtual difficulties but with their personal interests as the core. As a result, these problems should be resolved on the national level with the developed countries earnestly fulfilling their commitments and developing countries improving the domestic legislation, and thus concluding a series of unified treaties under the framework of WTO.The current situation of China's technology transfer is analyzed in the last part, an embarrassed, chaos, and conflicted situation because of the existence of too many such technology regulations. In order to better safeguard the interests of our country, we must make pragmatic improvements in the following aspects: scientific guidance, rational planning, active cooperation; improving the national legislation, strengthening law enforcement; participating in and promoting the formulation and revision of international technology transfer.