| Shortage of the resources and diverge of the interest have accelerated thefierce competition among countries in this multi-polarized world pattern. Thiscompetition is mainly concentrated on the economic field, while the economicprosperity is closely depended on the progress of the technology. Every country hasput a plenty of labour and material resources into the new-tech development andforeign-tech introduction. The global economic system is moving towards integrity,which fastens the ties among countries and paves the road for further technologyexchange; the imbalance between countries makes international transfer of technology("TOT") possible; and the inherent lifecycte of technology and its quickeningupdating speed have pushed the advancement of international transfer of technologyin the reality. In order to maintain its technology advantage, cover the cost as well asmake profit to the largest extent, TOT, compared with self-development of technology,not only can save the valuable domestic resources and time, but also can master thecore of the technology in a shorter period, thereby the efficiency of the method oftransfer can be furthest increased.The formation and the development of TOT have posed a lot of challengestowards traditional law. Up to now, there has not established a uniform law systemto regulate this issue world wide. Coming down to the domestic law of everycountry, although some countries have set up a full-rounded law system in this regard, a specific structure of TOT law still have not come into being in most countries,where the common practice is just to regulated the different aspects of TOTrespectively in IP laws, Anti-trust laws, Sino-foreign invested enterprises laws, etc.It can be assumed that it is a important period for the forming and shaping of the TOTlaw system, and there is very hot discussion about some fundamental issues of TOT,such as its basic principles, the managing pattern of the government, the allocation ofrights and duties and the remedy to the disputes arising from it. Focusing on thecurrent legislative and judicial situation of China, this essay will give you a generaldescription of China's practice on these issues. Moreover, the essay also raises someconstructive suggestions to future amendment to the Chinese current TOT rules,comparing with relevant administrative rules adopted by Singapore. |
