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Legal Issues of international technology transfer in terms of feedback

Author: WangGaoPing
Tutor: GaoLingYun
School: Fudan University
Course: Legal
Keywords: International Technology Transfer Terms of feedback Anti-monopoly law
CLC: D996.5
Type: Master's thesis
Year: 2011
Downloads: 61
Quote: 0
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Abstract

The terms of the feedback is a scheme of arrangement of the parties by contract in the form of technology transfer, technical improvements made. In the transfer of technology, regardless of which party is made on the transfer of technology improvements will make the other at certain risk. Technology transfer often to be considered to resolve this risk by way of feedback, At the same time, the transferor also feedback terms as to maintain technical superiority, technical monopoly to exclude competitors from attacking tools. Therefore, the terms of the feedback has negative effects excited rights to transfer technology enthusiasm, promote resource optimization configuration positive role, will produce innovative power suppression technology transferee, to strengthen their own position in the market. Chinese enterprises due to the gap between its own power, to protect themselves weak awareness, often out of local interests and considerations of enterprises, often in order to get the technology to easily accept the unequal terms of feedback, so that the damage to their own interests, and sometimes defeat the purpose of the transfer of technology, and may even cause a greater negative impact on the development of relevant industries in China. Although China's current legislation on the terms of feedback to some extent, to promote the development of technology trade, safeguard the interests of the Chinese enterprises in the technology transfer, the legal consequences are not clear, but there are still legislative fragmentation provisions designed simplistic lack scientific definition and operability issues such as this inevitably limited role in terms of the delegation back to regulate the international transfer of technology. At present our country in the regulatory feedback exists the problem through the United States, the European Union and Japan and other countries and regions on the feedback the terms of legal regulation system of comparative analysis, this article of how to regulate the feedback the terms proposed a some suggestions for improvement, and hope for the Maintenance of the parties in interest in the international transfer of technology and make some contribution to build a fair, reasonable technology trade order. The terms of the feedback is a more complex problem, due both to promote competition and encourage innovative, but also hinder competition, create a monopoly side, so treat feedback terms can not be generalized and should be based on the actual situation, the specific analysis, differential treatment . In the international transfer of technology in terms of feedback, analysis and evaluation should be based on China's national conditions, take full account of its impact on a variety of factors, market competition, technological innovation, and resource allocation, to adopt a flexible strategy to respond effectively to make good use of the terms , do benefit to ourselves, for our own use.

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