The Legal Protection Mechanism On Technology Introduction And Secondary Innovation In China

After China's thirty-one year reform and opening up,the technology introduction has gained outstanding increase in either amount or sum of contract in our country,but it relies too much on the overseas technological innovation and cannot spill over to endogenous innovation capacity of ourselves.While Japan,after World War II,has become a powerful economic nation exactly by means of the technology introduction and secondary innovation.Korea,India and Brazil have similar experience.As the Strategy of Innovation Nation is deeply implemented in our country,it has been paid unprecedented attentions to the technology introduction and secondary innovation by our government,so there is a practical significance to promote technology introduction and secondary innovation by law.There have already lots of articles about countermeasures to promote technology introduction and secondary innovation,but most of them are in management or economic perspective,and few in point of law.This paper is based on the current regulations of our country,and analysis their advantages and disadvantage. Considering the similar situation on technology introduction and secondary innovation in Japan,Korea,India and Brazil,this paper also studied their law on technology introduction and innovation,and analyzed the contents,characters and effects to seek a beneficial reference way to improve our regulations.Such are the innovations of this paper.This thesis concluded that China should improve its legal protection system from two aspects:one is to reinforce government administration by establishing an coordination institution,formulating more operational tax,financial measures and etc.to encouraging enterprises' activity of secondary innovation,and the other is to make clear the responsibility of enterprises by asking them to making explicit plans when they input overseas technology.