| In recent years,countries such as the United States,the European Union and other countries have repeatedly made troubles on the grounds that China has "forced technology transfer".They not only launched a "301" investigation against China,but also brought China to the WTO.The reason why these countries are able to provoke disputes on this ground has largely exploited the issue of unclear boundaries for mandatory technology transfer in international investment.On this basis,this article will analyze the international treaties and agreements on forced technology transfer,as well as specific practices of some developed and developing countries in dealing with the issue of forced technology transfer in practice,and then look for the forced technology transfer between developed and developing countries.The balance of interests on the issue,the balance between the protection of technology and the guarantee of the free transfer of technology in the international context,the application of the compulsory technology transfer exception clause in conjunction with China’s actual conditions,and further clarifying the compulsory technology based on this balance point and exception clause The "mandatory" boundary in the transfer.Secondly,China should further improve its domestic laws and regulations,actively make suggestions on international treaties and international rules,and on the basis of clarifying its boundaries,solve the problem of unclear determination of "mandatory" boundaries in technology transfer and prevent other countries from using The so-called "compulsory technology transfer" continues to provoke international investment disputes and build a more complete legal system for international technology transfer.This article first introduces the basic concepts and overall status of international investment and forced technology transfer,and introduces the problem of gradually expanding the scope of application of compulsory technology transfer and "tooling".Secondly,it analyzes the international norms and practices related to forced technology transfer,and further understands the regulation of compulsory technology transfer issues in international norms and practices in practice.Thirdly,empirical analysis of the specific cases of forced technology transfer by the countries concerned,in order to explore the positions of various countries and the specific definition of the international community on the issue of forced technology transfer.Finally,combining China’s actual situation,analyzing China’s position in the international technology transfer market and the current international cases,it provides some ideas on finding ways to solve the problem of forced technology transfer at the domestic and international levels.The first chapter summarizes the basic issues of forced technology transfer in international investment,including its international investment,international technology transfer,the meaning of forced technology transfer,and the relationship between these basic concepts.It also elaborates on the status quo and development trend of forced technology transfer in international investment.Among them,it raises the main issues that this article needs to discuss about its "tooling" status.Further explore the reasons for this status quo,and provide some ideas and directions for further analysis.The second chapter mainly analyzes the international rules related to forced technology transfer.The first is the "TRIPs Agreement" and "TRIMs Agreement" related to forced technology transfer,respectively analyzing the different attitudes and positions of the two agreements on the issue of forced technology transfer.In addition,the other relevant international norms under the WTO are analyzed separately and grasped as a whole,and the overall tendency of the international norms under the WTO to the issue of forced technology transfer is analyzed and judged.Secondly,the analysis of the mandatory technology transfer clauses in the "North American Free Trade Agreement" and the relevant normative analysis of the bilateral and multilateral investment treaties will be analyzed,which will lay the foundation for the international rules and further formulate effective measures in the following.The third chapter is an empirical analysis of relevant compulsory technology transfer in combination with international events.Among them are the cases involving two countries.One is the two cases involving forced technology transfer in Canada,and the other is the "301 Report" case between China and the United States.This article provides a brief analysis of two cases in Canada and a more detailed analysis of the "301 Report" case between China and the United States,which involves a legal analysis of relevant Chinese laws and regulations,which lays an important foundation for the subsequent Chinese countermeasures.The fourth chapter puts forward China’s recommendations on the issue of forced technology transfer.First,clarify China’s position on this issue,delete and improve relevant domestic laws and regulations,further implement Article 22 of the Foreign Investment Law,the rational use of exception clauses,and the invocation and application of WTO rules.Furthermore,it proposes to formulate the "International Technology Transfer Agreement" under the WTO to promote the further improvement of the international rules on mandatory technology transfer,and emphasizes the issues that should be noted in the specific expression of the mandatory technology transfer clause,and promotes the improvement of domestic laws and regulations and international rules. |
