Notes On International Technology Trade

      Technology, Technology transfer Technology import

(1) the meaning and characteristics of Technology

1, the meaning of technology, the image of technology trade is technology. What is technology? International Industrial Property Rights The organization thinks: "technology refers to the knowledge of making a product or providing a service system."

2. the characteristics of technology have three distinct characteristics:

(1) intangibles. Technology is a kind of knowledge that can not be seen or touched; it can only be grasped by understanding. Some technologies can be expressed in language; some technologies exist only in the experience of "able man".

(2) systematicness. Sporadic technical knowledge can not be called technology. Only technology, knowledge, experience and skills can be integrated into the production principles, design, production operation, installation, commissioning, management and sale of products.

(3) commodity attribute. Technology is an invisible special commodity. Because technology is not only of use value, but also of exchange value, it can act as a trade target of technology trade.

(two) technology transfer

      Technology transfer It refers to the behavior of a party with technology in transferring its technology to another side in some way. The transfer of goods is the transfer of ownership. The transfer of technology is generally only the transfer of the right to use technology. An article can only be transferred to one party completely, and the owner will also lose the ownership of the property because of the transfer. A technology can be transferred to multiple parties at the same time, and the holder of the original technology does not lose ownership of the technology because of the transfer.

      Technology transfer It is a special form of technology transfer. Technology transfer refers to the transfer of technology from one field to another or from one region to another. Technology transfer is a specific form of technology transfer between the two sides in the form of assistance, donation or sale.

The types of technology transfer can be divided into domestic technology transfer and international technology transfer according to whether they are across the border. According to their compensable nature, technology transfer can be divided into commercial technology transfer and non-commercial technology transfer. According to their direction, technology transfer can be divided into horizontal technology transfer, that is, technology transfer and vertical technology transfer between enterprises, that is, large companies transfer technology to their subsidiaries or scientific research institutions.

(three Technology import

The transfer of foreign technology to China is the introduction of technology. Specifically, technology import refers to the practice that a country or enterprise introduces foreign technical knowledge and experience, and the necessary equipment, instruments and equipment necessary to develop its own economy and promote scientific and technological progress. Technology introduction is a specific concept.

(1) technology import is a transnational behavior.

(2) there is a principle difference between technology import and equipment import. Technology is generalized and technology is divided into software technology and hardware technology. Software technology is the technical knowledge, experience and skills mentioned earlier, and belongs to pure technology. Hardware technology refers to materialization technology like machine and equipment. Buying equipment from abroad instead of buying software technology is commonly referred to as equipment import. If you purchase software technology from abroad or at the same time purchase some equipment, this behavior can be called technology import.

(3) the purpose of technology import is to improve the manufacturing capacity, technological level and management level of the importing countries or enterprises. To achieve the goal, only by introducing software technology can we achieve it through self digestion and absorption.

      Two. international technology transfer transactions Its characteristics

(1) the meaning of international technology trade. International technology trade refers to a kind of international trade behavior between different enterprises, economic organizations or individuals in different countries, selling or buying the right to use software technology according to general business conditions. It consists of two aspects: technology export and technology import. In short, international technology trade is an international commercial practice of the right to use YISHION technology as the main transaction target.

(two) international technology transfer transactions The characteristics of international trade in technology (abbreviation: technology and trade) are significantly different from that of self marked trade in goods (1.). The nature of trade mark is different from that of goods and trade, which is visible material goods, easy to measure, quality and price.

2. on the one hand, the parties to a transaction are generally not peers, but both parties are generally colleagues. Because only the two sides are peers, the importing party will be interested in the transferor's technology and introduce the technology. On the other hand, the seller in the material trade is always for sale purposes, and the seller (transferor) in the technical trade is generally not for the purpose of transfer, but for the purpose of developing the technology for himself, only in some specific circumstances can he transfer the technology.

3. delivery process is different. Delivery of goods and materials is physical transfer. The process is relatively simple. The "delivery" of technology and trade is a complicated and long process of imparting technical knowledge, experience and skills.

4., the problems involved are different from those of the law.

Technology trade involves many problems, complex and special problems. Such as technology and trade involves industrial property protection, technology risk, technology pricing, restriction and anti restriction, confidentiality, rights and technical guarantee, support methods and so on. The domestic laws and laws and conventions involved in trade and technology are much more than those in commodities and trade. Therefore, engaging in technology and trade is far more difficult than engaging in trade.

5, the degree of government intervention is different. The degree of government intervention in technology and trade is greater than that of material and trade intervention. Because technology export is actually an export of technological level, manufacturing capability and development capability, the state has strict censorship of technology exports for the sake of national security and economic interests. Because in technology and trade, the transferor of technology often takes advantage of technology. In order to prevent the importer from accepting unreasonable trading conditions by virtue of this advantage, and also considering the domestic economic, social and technological development policy, the state strictly controls the introduction of technology.

      Three, country International technology trade International regulations

In the practice of international technology trade, technology exporters often force importers to accept various unfair restrictions by their technological superiority. This phenomenon has gradually become universal in the world, making it a restrictive commercial practice in international technology trade, which has increasingly hindered the development of international technology trade. To this end, many developing countries have asked the United Nations to chair an international code of technology transfer.

In October 1978, the United Nations General Assembly commissioned the code of action for international technology transfer, which was drafted by the joint China World Trade Center Development Council. The draft Code stipulates that the bargaining position of the trading parties should be balanced. Neither party should abuse its advantageous position to hold a technology transfer transaction, especially a technology transfer transaction involving developing countries, so as to reach mutually satisfactory agreements. It also stipulates that the parties to the technology transfer shall avoid the 20 restrictive practices adopted in the contract.

However, some developed countries representing the interests of the transferor try every possible means to legitimize restrictive practices in the code, while developing countries headed by the group of 77 have fought tit for tat with the developed countries in order to safeguard the interests of the importing party. Due to the serious differences between the two sides, the code has not yet been formally passed. However, the draft code summarizes some practices of international technology transfer, puts forward the principles that should be followed generally in technology transfer, and has a broader foundation in the world. Therefore, it is of great significance to guide international technology transfer and establish a new international technological trade order.

       Four. Management of technology import in China

In order to safeguard our interests, according to China's practical experience and reference to legislation of some countries, China stipulates that the following unreasonable restrictive clauses should not be included in the introduction of contracts:

(L) the recipient is required to accept the attached conditions irrelevant to the introduction of technology, including the purchase of unwanted technology, technical services, raw materials, equipment or products;

(2) limit the recipient's freedom to purchase raw materials, components or equipment from different sources;

(3) restricting the recipient's development and improvement of the imported technology;

(4) restrict the same technology that the recipient obtains from other sources or compete with the supplier.

(5) the conditions for the two sides to exchange technology for improvement are not equal.

(6) limit the quantity, variety or selling price of the products produced by the recipient using the imported technology;

(7) unreasonable restrictions on the sales channels or export markets of the recipient;