Research On The Legal Regulations On External Compulsory Technology Transfer

An important objective of attracting foreign investment from developing countries is to promote technology transfer,and their requirements for the fulfilment of technology transfer to foreign investors have gone through a process of development from voluntary technology transfer to mandatory technology transfer.The requirements for the implementation of compulsory technology transfer in developing countries have been strongly opposed and criticized by developed countries and their transnational corporations.Unlike the European-style BITs,which have not explicitly objected to the requirements for technology transfer in developing countries,the United States-style BIT establishes clear rules for the prohibition of technology transfer implementation requirements.The United States has launched a "301 investigation" against China,which has triggered a trade war based on the protection of intellectual property rights in China.Although most of its criticism of China's intellectual property protection issues is unfounded,but also shows that China's intellectual property law related regulations in the individual provisions may be loopholes.The reflection on it should not be limited to the modification and perfection of individual articles,but also reflect on the possible shortcomings of China's intellectual property legal system in a broader sense.In the negotiation of bilateral investment agreements between China and the United States,China should respond to the following: insisting on establishing the status of treaties to promote technology transfer and protect the public interest in the preamble to the BITs;Limiting the transfer of technology that China should undertake to fulfill the prohibited obligations required.The first chapter of this paper is the concept of compulsory technology transfer to the outside world.In this part of the discussion,the author first introduces the definition and characteristics of foreign technology transfer,as well as the necessity of system construction,then the legal interpretation of compulsory technology transfer,summarizes the current situation of international development,discusses the "mandatory",and finally,makes a rational analysis of the transfer of foreign compulsory technology.The second chapter is the lack of international multilateral rules on the regulation of compulsory technology transfer.In this part of the discussion,the author details the difficulties of the United Nations regulation of the rules governing technology transfer,introduces the Charter of Economic Rights and Obligations of States and the United Nations Code of Practice for International Technology Transfer(draft).The TRIPs agreement on compulsory technology transfer and tri Ms agreement under the WTO framework are vague,which summarizes the shortcomings and difficulties of the international rules on compulsory technology transfer,and analyzes the reasons.Developed countries emphasize high protection of intellectual property rights and maintain a ban on the transfer of forced technology,while developing countries emphasize restrictions on technology monopolies and encourage international technology flows.The third chapter is the regulation of compulsory technology transfer by countries in transnational investment.The author compares the regulatory model of technology transfer in international investment in bilateral investment agreements,including the "forced technology transfer" model of the United States,the "general" and "exceptional" hybrid model of Japan and South Korea and the "balanced cooperation" model with the EU.And through in-depth interpretation of the 2018 U.S.-China 301 Report,from the "301 investigation" of the legal basis,specific processes and follow-up measures,the U.S.-China legal dispute on forced technology transfer to evaluate.The fourth chapter is the legislation and practice of compulsory technology transfer in China.In the legislative part,the author has put forward the legislative evolution of compulsory technology transfer in China,and refined the prohibition clauses on compulsory technology transfer in the investment trade agreement signed by our country,especially the detailed analysis of Article 22 of the Foreign Investment Law and its unresolved problems.In the practice part,the author makes a legal analysis on the compulsory technology transfer in the practice of foreign investment approval in China,especially the "Chang'an model" which the United States accuses china's automobile manufacturing and new energy vehicles.Finally,it is summarized that there are problems in the legal regulation of domestic and foreign compulsory technology transfer,such as the lack of a complete and unified legal system for technology transfer,the conflict ingman-in-law provisions on technology transfer between sectoral laws,and the lack of feasible provisions.The fifth chapter is the legal regulation countermeasure of compulsory technology transfer to the outside world.In this part,the author makes suggestions on China's strategy for the legal dispute over technology transfer between China and the United States,and on the construction and improvement of the domestic law system for compulsory technology transfer to the outside world,and thinks that China should eliminate the existing legal conflicts,coordinate the relevant laws and regulations on technology transfer at home,and specify the specific provisions on compulsory technology transfer.The follow-up supporting rules are established for the initiativestyle provisions,and the mode of accountability is transferred from government intervention to judicial relief.China's active role in the formulation of international rules on compulsory technology transfer can be summarized as furthering international negotiations,representing the position of developing countries and participating in the formulation and perfection of international technology transfer rules.