Research On The Legal Issues Of Technology Transfer

Since the industrial revolution so far,the links between countries in the world are increasingly close,whether it is the arms race of the last world,or the economic competition in the 21 st century,its core is mainly reflected in the "technology" word.A country's technical level directly reflects the economic,military aspects.China as a traditional big country,with the rapid economic development,in the context of economic globalization,to promote technology trade,enhance economic strength has become a topic of general concern.Technology transfer,as an important form of technology trade,can not only serve as a shortcut to access to advanced technology,but also for the follow-up of technological innovation and development provides unlimited possibilities.But the transfer of technology is not the traditional sense of the exchange of goods,there are many legal issues that require our in-depth study and find a proper solution.Therefore,it is imperative to strengthen the research on legal issues of technology transfer and promote the healthy development of technology trade.The author's research on legal issues of technology transfer mainly focuses on restrictive clauses and the prohibition of estoppel and other legal issues.Especially on the issue of restrictive terms of technology transfer,from the concept of restrictive provisions,based on the full understanding of the basic meaning of restrictive provisions,and then study the causes of restrictive provisions,China's regulatory restrictions on the status of legislation and Its shortcomings,the restrictive provisions of the rationality of the legislative status quo,given on the regulation of restrictive terms of the views and suggestions.In addition,this article will be on the issue of prohibition of estoppel,patent rights,intellectual property rights issues,technology transfer contracts and technology transfer market risk legal regulation and other issues of deep analysis,how to correctly understand and use prohibited words,To control the technical market risk,thorough investigation of the defects of the technology itself has become the focus of research and solve legal issues of technology transfer.This article mainly includes four parts.The first part is the introduction.This paper mainly elaborates the background of the research on the legal issues of technology transfer,the research status quo at home and abroad,and the research methods.The second part is an overview of technology transfer.First of all,through the technology,the concept of technology transfer and the transfer of the subject of technology and other preliminary discussion,and on this basis,the introduction of modern technology transfer system to the contemporary technology transfer system,a development status,so that it can understand the technology transfer system development And in the process pointed out the legal implications of the technology transfer system.The third part mainly analyzes the main legal problems of technology transfer.Including the issue of restrictive clauses,the prohibition of estoppel,the intellectual property rights of patent rights,the issue of technology transfer contracts and the lack of legal regulation of technology transfer market risk.The fourth part is mainly to improve China's technology transfer system put forward some specific comments and suggestions.Including the improvement of relevant legislation,the construction of technology market and the risk management of technology transfer contract,and establish a complete technical risk assessment and compensation mechanism.