Research On Legal Issues Of Sino-U.S. Technology Transfer Disputes

The Sino-US trade war was kicked off by the "301 Investigation Report" released by the United States,and the technology transfer dispute was the focus of the issue.The report accused China of forced technology transfer,and then the United States sued China with the WTO,alleging that China’s technology transfer policies violated Relevant WTO rules.From the perspective of technology transfer law,on the one hand,there is no legal remedy sought by Chinese and American enterprises on the grounds of compulsory technology transfer;on the other hand,before the dispute clause involving forced technology transfer was deleted,China’s technology transfer law did not have provisions on the implementation of technology transfer requirements;the exchange of market for technology is the result of independent negotiation and decision-making between enterprises.There is no direct link between joint venture requirements,shareto-equity restrictions,administrative approvals and licensing procedures in market access regimes and compulsory technology transfer.When China promulgates the Foreign Investment Law,amends the Regulations on the Administration of Technology Import and Export,and actively implements the Sino-US Economic and Trade Agreement,there is no room for doubting the mandatory and discriminatory requirements of China’s technology transfer policy.From the perspective of neoliberal institutionalist international relations theory,the underlying driving force behind the legal dispute over technology transfer between China and the United States is the asymmetric competitive relationship between China and the United States.The asymmetry of U.S.-China interdependence has given the United States an advantage in power,allowing it to set up issues to influence international mechanisms,and to consolidate existing technological power structures.Technological competition is an important link in the process of nurturing a new international political and economic order.The Sino-US technology transfer dispute reflects the differences in the values of the technology transfer policies of the two countries in the old economic order,and also has an impact on the construction of technology transfer laws and regulations between China and the United States.The United States has used the original international agreements and export control rules to gradually improve the legal framework for technology transfer with technology protectionism as the core in technology transfer disputes,and to sanction Chinese science and technology enterprises through the extraterritorial application of domestic law to regulate technology transfer.In the context of new scientific and technological competition,China has also established an unreliable entity list system,issued the "Blocking Measures" and "Anti-Sanctions Law" to build a countermeasure system,respond to unilateral sanctions imposed by the United States in the field of technology trade,and gain space for domestic technological development and international technical cooperation.The study of the legal issues of Sino-US technology transfer disputes also needs to be combined with the international technology transfer legal system.There has always been a difference in the values of the North and the South in the negotiation of legal rules on international technology transfer,that is,developed countries want the rules to achieve a high level of intellectual property protection,while developing countries want to establish unified legal rules to promote technology transfer.Technology transfer rules under the WTO framework are dominated by developed countries and tend to protect intellectual property rights as a whole.In addition,countries in the North and the South have adopted different models of technology transfer implementation requirements in BIT to safeguard technological interests.The United States is adept at using other countries’ sensitive reliance on its economy to promote its policy preferences and persuade other countries to accept the U.S.trade and economic agreement template.To some extent,this has put the legal rules on international technology transfer into a dilemma between bilateralism and multilateralism,because unilaterally promoting high standards of intellectual property protection in developed countries does not help to balance technology transfer and intellectual property protection and promote the establishment of unified international legal rules on technology transfer.In response to the Sino-US technology transfer dispute,we must first clarify China’s technology transfer laws and regulations,improve the legal system for technology transfer,and improve the level of legal application in the field of technology;second,we must promote a sustainable international technology transfer system and promote technology transfer rules that balance intellectual property protection and technology transfer through trade and investment treaties.Finally,it is necessary to do a good job in compliance with international technical cooperation and adapt to the new trend of international technology transfer regulation.