Title Page
ABSTRACT
Contents
ABBREVIATION 14
INTRODUCTION 15
CHAPTER ONE: LEGAL ANALYSIS OF INTERNATIONAL TECHNOLOGY TRANSFER AND RESTRICTIVE BUSINESS PRACTICE 17
1.1. The conception of international technology transfer 18
1.1.1. Overview of international technology transfer 18
1.1.2. Characteristics of international technology transfer 20
1.2. The conception of restrictive business practice 23
1.2.1. Overview of restrictive business practice 23
1.2.2. Elements and forms of RBP in international technology trade 27
1.2.3. The cause of restrictive business practice 33
1.2.4. Theoretical basis for legal regulation of restrictive business practices in international technology trade 36
CHAPTER TWO: LEGAI REGULATION OF RBP IN INTERNATIONAL CONVENTIONS 50
2.1. Legal regulation of restrictive business practices in international conventions 51
2.1.1. Relevant provisions in the Paris Convention 52
2.1.2. Provisions of United Nations Multilaterally Equitable Principles and Rules for the Control of Restrictive Business Practices 53
2.1.3. Main contents of the International Code of Conduct for Technology Transfer (Draft) 56
2.1.4. Legal Regulation of RBP under the WTO Framework 57
2.2. Analysis of the Advantages and Disadvantages of International Conventions on Legal Regulation of RBP 64
2.2.1. Analysis of the Advantages of International Conventions on Legal RBP 64
2.2.2. Analysis of the disadvantages of International Conventions on Legal Regulation of RBP 67
CHAPTER THREE: LEGAL REGULATION OF RBP IN DEVELOPING AND DEVELOPED COUNTRIES 72
3.1. Legal regulation of restrictive business practices in major developed countries 73
3.1.1. US Antitrust Law 74
3.1.2. Eu's anti-monopoly regulation on restrictive business practices 77
3.1.3. Japan's anti-monopoly Law 81
3.2. Legal regulation of restrictive business practices in major developing countries 83
3.2.1. Legislation on the importation of intellectual property in India 84
3.2.2. Mexico's legislation on restrictive business practices in technology transfer 85
3.2.3. Brazil's legislation regulating on restrictive business practices in international trade in technology 86
3.3. Consensus, Disagreement and Development of Restrictive Business Conduct in Developed and Developing Countries 87
3.3.1. Consensus 88
3.3.2. Disagreement 89
3.3.3. Future development trend 100
3.3.4. Lessons for China 104
CHPATER FOUR: CHINA'S LEGAL REGULATION AND IMPROVEMENT OF RESTRICTIVE BUSINESS PRACTICES IN TECHNOLOGY TRANSFER 110
4.1. China's legislative process on the legal regulation of restrictive business conduct 111
4.1.1. Provisions on restrictive business conduct in relevant laws and regulations on technology transfer 112
4.1.2. Provisions on Restrictive Business Conduct in Non-Technical Transfer Regulations 114
4.2. Problems in the legal regulation of restrictive business conduct in China 117
4.2.1. On the legislative model of restrictive business practices 117
4.2.2. No clear definition of "abuse of intellectual property". 121
4.2.3. Lack of specific scientific operational norms 123
4.2.4. Lack of legal regulation on technology exports 124
4.2.5. Low level of technology transfer legislation 126
4.2.6. Lack of specialized agencies for international technology transfer contract approval 127
4.3. Improvement of the legal regulation of restrictive business conduct in China 128
4.3.1. Drawing on the international conventions and the advanced legislative experience of other countries, learn from each other's strengths 133
4.3.2. Establish and improve the legal regulation system centered on anti-monopoly law 136
4.3.3. Strengthen legal regulation on technology exports 151
4.3.4. Improve the legislative level of international technology transfer legislation 153
4.3.5. Specialized agencies to refine the approval of international technology transfer contracts 154
CONCLUSION 158
REFERENCES 162