| Situation in the global economy more and more frequent exchanges, high-tech as one of the main factors of production is no longer a simple technology transfer for use by the enterprise (company), but more and more through the capital of thethe form of participation in the ownership structure of the enterprise (company). Technology providers to assess the value of technology shares, the share of the profits of the company and sharing the risk with the company’s other shareholders. However, technology shares as a special form of contribution, the assets (such as physical, fixed assets, etc.) and monetary or other forms of investment shares and there are significant differences. It is this difference that makes technology shares involved in legal relations with other assets, shares, compared to more complex, the rights and obligations of the parties there are a lot of new features. Practice, because the parties do not sufficiently understand the characteristics of technology shares on the technology investment agreement agreed too simple, coupled with China’s laws and regulations, rules and practice of economic development on technology shares many disjointed and discordant, making the technology investment and contract disputes in real life is increasing. If these disputes are not resolved, will seriously affect the smooth transformation of China’s technological achievements into practical productive forces, and undermine technology shares the legitimate rights and interests of the parties. Therefore, in-depth analysis of technology shares the causes of a contract dispute, to investigate the mechanisms and approaches to resolve these disputes has become increasingly important.This article Introduction to part of the contract of technology investment and technology shares made defined. Define technology investment, a brief introduction of the connotation of technology shares, the legal basis for technology shares as well as technology shares should follow the basic rules; introduces the constituent elements of technology investment contracts as well as technology shares as defined in the contract of technology shares technology shares the rights and obligations of the contract.Second chapter references the practice of the two typical cases, intuitively reveals the technology shares the confusion encountered in practice and judicial practice, such as technology investment and technology transfer is the difference between China’s Company Law "whether a reasonable limit of the ratio of technology investment, and how to solve the follow-up research and technology investment achievements enjoy, and theoretically analyzed.Chapter Ⅲ of the contract dispute the causes of in-depth analysis of technology shares. The current practice result in technology shares contract dispute mainly due to: technical flaws of shares, shares the assessment of the technical problems, value changes in technology shares.The fourth chapter explores the technical solution stake in a contract dispute. First, stake in the contract dispute causes for the technical analysis in Chapter Ⅲ of several typical technology investment contract disputes and the handling; Secondly, we explore the technology stake in a contract dispute settlement mechanism (route), including litigation to resolve The mechanism (pathway) and litigation dispute resolution mechanism (pathway). Summary and Conclusion of the concluding part of the full text view. |
