Research On The Regulation Of Forced Technology Transfer In International Investment

When developing countries formulate technology policies to promote technological development and innovation in their countries,they often promote ’forced technology transfer’in FDI in order to maximise the value of the process of technology introduction and reinvention.As a manifestation of national sovereignty in the economic sphere,the use of technology policies by host countries to guide and utilise foreign investment is not only an inevitable choice for exercising foreign investment jurisdiction to achieve the goal of national scientific and technological development in a specific context,but also a necessary means to counteract the restrictive business practices of multinational corporations,and objectively,it also plays a role in attracting and utilising foreign investment in the development process of emerging economies and improving their industrial structure through technology transfer.It is also a necessary means to counter the restrictive business practices of multinational corporations.However,with the increasing number of disputes and frictions between developing countries and TNCs over the issue of compulsory technology transfer,and the continuous promotion of the trend of investment liberalisation,developed countries,based on their long-standing call for high standards and high levels of protection of technology and intellectual property rights,generally consider that compulsory technology transfer policies impose restrictive obligations on international investors,constitute unwarranted government intervention in the market,and impede the process of international investment The process of international investment liberalisation.The international community’s approach to this issue has also gradually shifted from UN-led promotion of technology transfer to WTO rules-led protection and restriction of technology,resulting in compulsory technology transfer being seen in an increasing number of regional and bilateral investment agreements as a type of fulfilment requirement,restricted by prohibitive clauses.However,the current regulation of compulsory technology transfer in international investment still suffers from a lack of uniformity in the definition of the concept,the absence of rules at the international level and the controversial setting of regulatory provisions in bilateral investment agreements.Firstly,the concept of "compulsory technology transfer" is not clearly defined in international norms at all levels,from UN resolutions to WTO rules and even national investment agreements,and thus there are major disputes in the identification,legal application and interpretation of specific acts;secondly,at present,only the TRIPs and TRIMs under the WTO are indirectly involved in the regulation of compulsory technology transfer.Finally,although it is a new trend to regulate compulsory technology transfer through bilateral investment agreements,there are controversies in both the allocation of obligations of the parties and the setting of provisions.The key reason for the problems of compulsory technology transfer regulation in reality is the difficulty in balancing the freedom of investors to invest with the foreign investment jurisdiction of the host country,which is essentially a reflection of the divergent positions of technologically advanced countries and technologically backward countries on the regulation of compulsory technology transfer and the unbalanced distribution of regulatory power.With regard to the problems in the regulation of compulsory technology transfer in international investment at the present stage,firstly,the relevant concepts and mandatory standards should be clearly defined by the relevant documents under the WTO framework at the international level,so as to reduce the uncertainty and unpredictability of the relevant rules;secondly,unified multilateral rules on international technology transfer should be constructed,so as to strengthen the regulation of compulsory technology transfer on the basis of promoting technology transfer Finally,the provisions of international investment agreements should be standardised to clarify the obligations of all parties and to maximise public welfare.In the face of this new trend,China should also actively fulfil its international obligations on the basis of its own position,and contribute to the formulation and improvement of relevant international rules.