Study On Rules Regulating Technology Transfer Performance Requirements

Technology transfer performance requirements are an important tool for host countries to guide and utilize foreign capital in the context of a global knowledge economy.Compared with the high utilization rate of technology transfer performance requirements,the international investment system has not made a clear institutional response to this field.Therefore,at the present stage,in the aspect of regulation of technology transfer performance requirements in international investment,there are still some controversial issues in rules and practice to be solved.The requirement of technology transfer performance arises from the development needs of emerging developing economies,which can offset the negative impact of international technology monopoly on developing countries to a certain extent.In the context of investment liberalization advocated by the international community,technology transfer performance requirements are considered as investment barriers by technologically advanced countries,and are regulated by international investment agreements.Because of unequal power on both sides of rules and regulations,the host country are relatively weak position,.Therefore,even the international community has reach a consensus on regulation problem of technology transfer performance requirements in theory,in the process of the actual regulation,deal with the rights and obligations between the host country and investors still exist many issues to be solved.At present,there are two ways to regulate the technology transfer performance requirements:the main way is to directly regulate the technology transfer performance requirements by setting prohibitive clauses in international investment agreements;In international multiparty rules,the TRIPs Agreement and TRIMs Agreement under the WTO,only indirectly involve the regulation issues concerning technology transfer performance requirements,and that is highly controversial.There is no international rule directly regulating the technology transfer performance requirements.Under the background,the regulation problem of technology transfer performance requirements can be summarized as the following two points:one is that the international rules are fuzzy and uncertainty in technology transfer performance.Because lack of rigid requirements,the international investment agreements,which is elastic,regulate technology transfer performance requirement.It is difficult to balance the rights and obligations between host countries and investors.Another is the international investment agreements have value bias,and there are many non-consistent measures,which expand the scope of obligations for technology transfer performance requirements.Therefore,abstract escape clause can hardly play the role in practice.There are many regulation problem of technology transfer performance requirements,the root cause lies in the north and the south national who has different regulation position,which due to their interest is opposite.The southern countries try to use technology transfer performance requirements breaking technology monopoly situation which made by the north country,but failed to reach a specific agreement with imbalance regulation power,.This imbalance is not only reflected in the rules of the protection of intellectual property rights is better than technology transfer rules,also North and South countries have unbalanced international discourse power in technology transfer field.To solve the regulation problems existing in technology transfer performance requirements,it is necessary to form a systematic regulation on technology transfer performance requirements,and clarify the applicable boundary of the specific provisions in international investment agreements,standardize the establishment of the provisions of international investment agreements,and reduce the disputed provisions.In order to solve the problem of the imbalance of regulatory power,put the state development right as the regulatory limit.And make the technology transfer performance requirements in dynamical regulation,by setting a time-limited "development exception" to temporarily noncompliance international obligations.When a country completes the task approved by the WTO,it will continue to fulfill its international obligations.In this way,the inequality of the international investment system can be adjusted.