Research On Legal Issues Of Restrictive Clauses In The Technology Transfer Of Our Country

Technology introduction is an important way for our country to develop and narrow the gap between developed countries and us. Recent years, china's technology trade has developed rapidly. Meanwhile, how to supervise the technology introduction to promote the healthfully development of technology trade becomes a knotty problem. Restrictive clauses are the key problem of the knotty problem. Restrictive clauses not only have a negative impact on our enterprise's development, but also hamper the improvement of enterprise's core competitiveness. Our country's legislation on restrictive clauses has made a great progress, but there are still a lot of disadvantages. How to perfect the legislation of restrictive clauses has a significant impact on promoting our country's technology trade and enterprises'development. The reason and classification of restrictive clauses were discussed in the article. A comparison of foreign legislation of the restrictive clauses was made and the problem of our country's current legislation was analyzed. At last, the legislation of restrictive clauses in technology transfer should be perfected on the basis of the principles which were established by Chinese antimonopoly law and the experience of foreign legislation.