Research On Intellectual Property Protection Of International Technology Transfer

In the ascendant and new era of sci-tech(science and technology)revolution and industrial revolution,the tremendous effect of intellectual property on the economic development of all countries will be had equally.However,taking the view of the economic growth patterns of most developed countries in the world,it had occupied an crucial position.The issue of intellectual property rights protection for technology transfer in China-US economic and trade frictions is an example.The intellectual property disputes in China-US economic and trade frictions not only affect China,but also concern the world.It is also a vital problem affecting China and the United States,including the process of globalization,and even the construction of a community with a shared future for mankind.Two of the six issues in dispute between China and the United States are intellectual property issues:intellectual property infringement and intellectual property transfer,and they are ranked one or two of the six issues.The United States insists that China is unfair to American companies in China,willfully violating their intellectual property and enforcing technology transfer,and Chinese technology transfer system or policies are discriminatory.In response,China has issued two white papers,which show Chinese position and standpoint.Academically speaking,the essence of China-US economic and trade friction can be concluded into two kinds:one is the problem of understanding,and other is the problem of interest.On a deeper level,understanding is determined by values and perceptions of acceptance.The relationship between knowledge and interest is more complicated.This is based on the view of the United States.Chinese technology transfer system or policies are mandatory and discriminatory.This reflects that the issue of intellectual property protection has both system governance issues,system issues,and perspective issues.From the point of view of the combination of international law and world trade,this paper studies the protection of intellectual property by taking the intellectual property dispute of China-US trade friction as an example,and international technology transfer as the starting point.Firstly,by analyzing the basic connotation of international technology transfer and intellectual property protection,combing their development history and relationship,summed the legal principles of institutional choice.Secondly,through the divergence of technology transfer and intellectual property protection in the current China-US economic and trade frictions,this paper discusses whether the relevant technology transfer system and policies in China are mandatory and discriminatory from the perspectives of legal norms and judicial precedents.The results of show that Chinese technology transfer system and policies are not compulsory and discriminatory.There is no unified conclusion on whether the policies can promote technology transfer as a compulsory measure in practice.At the end of this paper,on the basis of above analysis,in combination with the latest legislative practice,from the perspective of national law and international law,they work together to improve the intellectual property protection system for international technology transfer.This is not only instrumental in the development of Chinese intellectual property modernization governance,but also conducive to the negotiation of international technology transfer rules and treaties based on the principle of fairness.