Research On The Connection And Application Of Technology Contract Chapter Of Civil Code And Related Laws

The connection and application of technology contract chapter of Civil Code and related laws is a legal phenomenon caused by the characteristics of intellectual property law system.This phenomenon is based on the scattered legislation system of intellectual property,and is directly caused by the link system of intellectual property clauses in Civil Code formed by the integration of civil law.at the level of jurisprudence,the reason is that judicature can make up for the deficiency of legislation.There are four different mechanisms of convergence and application between technology contract chapter and relevant laws: the preferential application mechanism of legal conflict,reference application mechanism,division of labor application mechanism and liability competition and cooperation application mechanism.These four mechanisms correspond to the Patent Law,other specific laws on intellectual property rights,the AntiUnfair Competition Law and the Anti-Monopoly Law respectively.The connection and application of technology contract chapter and Patent Law is mainly faced with the priority of application of law.There is a legal conflict between technology contract chapter and patent Law,and the difference of value orientation is the root of the conflict."Special law is superior to general law" is the main rule to resolve such legal conflicts,but there is a deviation in the theory of this rule.The identification of "special law" and "general law" should be based on the same legal hierarchy and the same matter,and different matters may have different corresponding relations.It is not certain that the Patent Law is a special law.The priority application of the technology contract chapter and the Patent Law needs to be coordinated with other civil law rules on the basis of the correct application of the rule of "special law is superior to general law",and other legal rules cannot be excluded.In addition,avoiding legal conflicts through legal interpretation is also an important way to connect and apply the technology contract chapter with the Patent Law.The technology contract chapter is connected with the separate intellectual property laws other than the patent law in the way of " referring to application".The " reference application" rule in Article 876 of the Civil Code has the institutional functions of bonding intellectual property legal system,reducing legal loopholes,adjusting legal hierarchy and providing legislative buffer.The application of "reference application" standard needs to meet the conditions of the lack of direct applicable provisions,legal express and the existence of available norms.According to the ejusdem generis and teleological interpretation,"other intellectual property rights" in Article 876 of the Civil Code only technical works meet the conditions of “reference application”.In the process of "referring to applicable" technical contract specifications,the direct provisions in relevant laws should be excluded and only “reference application” to“complete specifications”,and the referenced technical contract specifications should be modified.The connection and application of technology contract chapter and Anti-Unfair Competition Law need to deal with the problem of application of law in concurrence of liability.The legal system of technical secret protection in China is a dual system of contract norm and tort norm,and the connection between the two legal systems is the duty of confidentiality.Breach of confidentiality obligation will result in concurrence of liability.Breach of the legal obligation of confidentiality in the performance of the contract may constitute either breach of contract or tort,and the parties may freely choose one liability.Breach of the prior and subsequent contractual confidentiality obligations is not a breach of contract,which shall be subject to the Anti-Unfair Competition Law and be identified as infringement.In addition,when civil liability and administrative liability concur,the law should be applied in parallel.The connection and application of technology contract chapter and Anti-monopoly Law involves the demarcation of application scope of illegal monopoly technology rules.The relationship between illegal monopoly technology in technology contract chapter and illegal monopoly technology in anti-monopoly law shows "homogeneity" and " degree difference".The acts of low monopoly and not considered as illegal monopoly of technology in the Anti-Monopoly Law are the objects of adjustment under the technology Contract chapter.There is no legal conflict between the technology contract chapter and anti-monopoly Law.Illegal monopoly of technology are not limited to the types of judicial interpretation.In view of the homogeneity of the illegal monopoly technology rules in the anti-monopoly Law and the rules of illegal monopoly of technology contract chapter,the Anti-monopoly Law can be used as an auxiliary basis for the recognition of illegal monopoly technology in technology contract,but the transaction price related to the substance of the contract does not belong to the adjustment scope of technology contract chapter.