The Research Of The Contract Of International Technology Transfer

By the method of statistical figures, this paper summarized the condition of the use of the words "technology assignment", "technical trade", "technology transfer", and "technical exchange" in reality. And through the analyses of the scientific papers, the paper drew clear lines of demarcation of the fundamental conception of the words "technology assignment", "technical trade", "technology transfer", "technical exchange". At the same time, being combined the fundamental implication of the Chinese words with the interpretation of the English original, the paper discriminated the four words, then regulated the fundamental conception of the technology transfer, and defined the. technology transfer as one part of the title of the paper. The paper inquired into the conception of the contract of the technology transfer, discussed the. characteristic of the indispensable prerequisites and the effective ones of the establishment of the contract of the technology transfer. In view of the divergence on the classification of the object of the contract of technology transfer, the author researched the object of legal relation, that of civil jural relation and that of the contract of technology transfer, and hold that action was one of the object of the contract of international technology transfer, and the action of training, as an important segment of it should be paid enough attention to. The selection of the trainee and the professional trainer was significant to the training clause. The technology training should be stipulated in an independent clause. Although the delivery of the technology files was affiliated to the technology-training clause, it still occupied an important position in the technology training. Comparing the general theory on the division of the clause and the content of the contract of the international technology transfer, the paper analyzed the boundary and the substance of the technology clause, limited the clauses to a certain extent, and drew a clear line of demarcation among the technology clauses, the law ones and the business ones, which made it convenient to the draft of the contract of international technology transfer and really improved the qualities of the draft and the performances of the contract.