Disscuss Restrictive Commercialaction In The International Technical Transfer

In the international technology trade, the technical licensors who are mainly the developed countries and multinational companies, depending on their technical superiority and rich strategic experience of intellectual property right, making use of the psychology of relatively backward countries being anxious introduce the advanced technology, implement the restrictive commercial action which makes the party being licensed technical trade barriers and the constrain of the intellectual property right so as to monopolize and continuously expand their scientific, technical and economic interests. This restrictive commercial action badly imperils the economic development of the parties being licensed that is backward in science, technology and economy. It hampers free competition and normal development of international technical trade, and it is disadvantageous to technical innovation and development of intellectual economy of the developing countries, blocks the establishment of international economic new order.After entering WTO, our country faces the same situation that some developed countries and multinational companies abuse their intellectual property right, carry out unreasonable constrain in the international technical permission, which makes huge pressure for our country. Although having enacted the related laws to response the restrictive commercial action and having just publicized , our law system is not very perfect yet.In view of this reality, on the base of summing up predecessors' analyses, starting from the practice of our country's and international relative legislation, this article first analyses the intrinsic characteristics of the restrictive commercial action in the international technical transfer, expounds that in the intellectual economic era in which economy has become global and trade international, it is necessary to unite the both views of admitting the private nature of intellectual property right and determined opposition of the restrictive commercial action; on one hand, we should strengthen and perfect the law system of intellectual property right, on the other hand, we should firmly prevent and impede abusing intellectual property right in order to resolve the problem of the restrictive commercial action appearing in the international technical trade. That is the right attitude to deal with the modern intellectual property right system; it is also a subject, one heavy responsibility over a long time for us to work ahead.Then, this article sums up the international treaties and the effective experience of developed countries restraint the restrictive commercial action by laws and rules, clarifies the major differences of the international society in determining and restraint the restrictive commercial action, and the compromise they made mutually.At last, this article focuses on proving that we should continuously perfect the system for our country to restraint the restrictive commercial action in the international technical transfer by law and rules. In this part, the article clarifies the present situation and existed inadequacies of our country's legislation in controlling and restraining the restrictive commercial action by law and expounds that our country should use the advanced experiences of other countries and regions, under the frame of the international law, continuously perfect the legislation and practice of determining and controlling the restrictive commercial action, and establish an all-round law system to restraint the restrictive commercial action in the international technical transfer in order to safeguard the rights and interests of our country in the international technical trade and ensure the national economic security of our country.