The Research For Legal Issues Of Technology Transfer Contract

In the era of knowledge economy, with the science and technology rapid expanding, Competition among countries also mainly manifests for the technology competition. In recent years, China's technology trade has developed rapidly. How to supervise the technology transactions to promote technology trade in China healthfully development attracts a universal concern. Therefore, technology transfer is an important form of trade. Through technology transfer to acquire advanced technology is a shortcut road, researchers can also obtain economical benefit. In this paper, the research on legal issues of technology transfer contracts focus on two aspects: first, restrictive clauses in the contract. In order to maintain the monopoly of technology, Transfers abuse the monopolistic position of the intellectual property rights to impose a lot of illegal restrictive clause to receivers, which leads to the rights and obligations between transfers and receivers in an unequal position. These bring receivers some risks, restrictive clauses also hinder technology transfer development. Secondly, the contract exist uncertain risk. Because of the technology has secretly, intellectually and timely characteristics, compared with the sale of Goods contract, technology transfer contract has more risk. Hence, how to reduce the risk between technology transfers and receivers should be considered.This text is divided into six parts. First part is the introduction, in which the writer explained the research purpose and analyses the current situation of domestic and overseas study on this issue, and the research approach of this paper. Second part mainly analysis the concept and legal attributes of patent rights, patent application rights, patent license rights and technical secrets, also analysis the status of the transaction in China's technology market. The third part defines the concept of restrictive clauses, study the comparative characteristics of legislative regulations of restrictive clauses between the developed and developing countries. the writer introduces the current legislation situation of our country, carries on a comparative research of the legislation among our country, developed countries and developing countries, the thesis analysis the insufficiency of our present legislation base on our country current legislation about restrictive clauses. Forth part comments because technical transaction has some traits by itself that information is not symmetrical and complete, the subject of technical deal is limitedly rational, which will lead to patent rights defect risks and technical marketing risks. The fifth part points out our country should learn from overseas legislative practice to perfect the transfer of technology clauses relating to restrictive legislation base on China"Anti-Monopoly Law". And through improving our country technology market construction, establishing and improving the technical agent system and setting up the risk compensation mechanism to avoid the technology transfer contract risks. The sixth part makes the summary.