• 大妈坐公交摔伤 合肥公交公司一审被判担全责 2019-07-12
  • 西安一男子伙同他人制假 将工业醋酸变身食用醋 2019-07-11
  • 强势股追踪 主力资金连续5日净流入48股 2019-07-10
  • 天古装饰茶园红星旗舰店盛大开业 2019-07-10
  • 解析视频播控平台黑产链 20元看12家网站VIP会员视频 2019-07-01
  • 故宫设文创华夏产业基金 2019-07-01
  • 江西人存款1.66万亿元 2019-06-28
  • 晋城:16名银行税务专员上岗 2019-06-28
  • “圆明园四十景”鼎盛时期的恢弘壮丽与被毁后的满目疮痍 2019-06-26
  • 美最新研究:抑郁会引发记忆问题 2019-06-26
  • 省委中心组成员到联系帮扶点开展专题调研 2019-06-21
  • 很多常用药同属一家族 2019-06-20
  • 海淀首台“自动售餐机”安家学院路 2019-06-17
  • 青锋的专栏作者中国国家地理网 2019-06-15
  • 女性之声——全国妇联 2019-06-15
  • Global EditionASIA 中文双语Fran?ais
    Opinion
    香港六合彩特码资料查询 / Opinion / Op-Ed Contributors

    2014年004期特码资料:New law will better protect IPR

    By Wang Shujun | China Daily | Updated: 2019-03-16 09:06
    Shi Yu/China Daily

    香港六合彩特码资料查询 www.uzhmb.tw The transfer of technology is a necessary requirement for innovative development. Article 7 of the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (or TRIPS Agreement) says: "The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations."

    Which suggests IPR protection and promotion of technology transfer are equally important. The TRIPS Agreement, however, pays more attention to IPR protection in terms of rules while undermining the importance of technology transfer, and thus fails to ensure the transfer of technologies from developed countries to developing countries.

    Besides, the international community has not yet established a unified and feasible technology transfer protocol.

    US uses excuses to accuse other countries of IP theft

    These factors are being used by the United States to provoke trade conflicts against the developing countries, especially against China, based on its own high-standard technology transfer prohibition rules. Last year, the US accused China, without any evidence or basis, of forcing foreign companies to transfer their technologies as well as stealing intellectual property and launched an investigation under Section 301 of the US Trade Act of 1974.

    But the reality is that China does not force any foreign company operating in the country to transfer its technologies to a Chinese enterprise. During the four decades of reform and opening-up, China has continuously opened its door wider to the outside world, implemented favorable policies to attract more foreign investments, protected the legal rights of foreign investors and companies, especially their intellectual property rights and interests, and always made efforts to provide a good business environment for foreign investors.

    Also, China has accorded equal treatment to all kinds of enterprises operating in China.

    New law encourages tech cooperation

    The Law on Foreign Investment, which was passed by the second session of the 13th National People's Congress, China's top legislature, on Friday, will further strengthen IPR protection across the board and improve the system of punitive compensation for IPR infringements when it comes into effect on Jan 1, 2020.

    More specifically, Article 22 of the law says China will better protect the intellectual property of foreign investors and foreign-invested enterprises, the legal rights and interests of IPR holders, and encourage technological cooperation based on voluntary agreement between the parties involved and business rules.

    In the field of foreign investment, this effectively means all parties involved should determine, on an equal basis, the conditions of cooperation in technology transfer. The new law also forbids officials to use administrative means to force foreign enterprises to transfer their technologies to Chinese companies, and stipulates that administrative organs and Chinese companies should respect market rules and the spirit of contract.

    In market economy, technology transfer is a normal phenomenon; it is achieved through negotiations among all parties involved on an equal footing. Market economy also makes enterprises the final decision-makers when it comes to technology transfer.

    China will further open up its economy

    The new law will help China to further open up its economy, showing its resolve to attract more foreign investment in the new era. It will also help the country to strengthen innovative cooperation with investors, companies and governments around the world, protect the free global trading system and build a community of mutual benefit and win-win cooperation.

    Besides, China will also strengthen the legal protection system for foreign investors and companies. For that, however, China has to expeditiously enact supporting rules for the new foreign investment law.

    China should also take measures to establish better cohesion between the new law and other intellectual property laws and regulations, as well as further strengthen IPR protection. And since there is always the fear of intellectual property rights being misused, the government needs to strike the right balance between IPR protection and safeguarding public interests.

    Need to make clear nature of technology transfer

    It is also important that the government issue regulations to make clear the transfer of what kind of technologies, especially those concerning public interests such as patents on medicines and use of eco-friendly applications, will not be considered infringements of intellectual property rights.

    Moreover, the international community should urge the developed economies to fulfill their international obligations, according to the TRIPS Agreement, of transferring technologies to the developing countries, and expediting the process of making rules for international technology transfer, so that the rights and interests of the developing countries are not compromised.

    The author is a researcher at the School of International Law, Southwest University of Political Science and Law. The views don't necessarily represent those of China Daily.

      
    Most Viewed in 24 Hours
    China Views
    Top
    BACK TO THE TOP
    English
    Copyright 1995 - . All rights reserved. The content (including but not limited to text, photo, multimedia information, etc) published in this site belongs to China Daily Information Co (CDIC). Without written authorization from CDIC, such content shall not be republished or used in any form. Note: Browsers with 1024*768 or higher resolution are suggested for this site.
    License for publishing multimedia online 0108263

    Registration Number: 130349
  • 大妈坐公交摔伤 合肥公交公司一审被判担全责 2019-07-12
  • 西安一男子伙同他人制假 将工业醋酸变身食用醋 2019-07-11
  • 强势股追踪 主力资金连续5日净流入48股 2019-07-10
  • 天古装饰茶园红星旗舰店盛大开业 2019-07-10
  • 解析视频播控平台黑产链 20元看12家网站VIP会员视频 2019-07-01
  • 故宫设文创华夏产业基金 2019-07-01
  • 江西人存款1.66万亿元 2019-06-28
  • 晋城:16名银行税务专员上岗 2019-06-28
  • “圆明园四十景”鼎盛时期的恢弘壮丽与被毁后的满目疮痍 2019-06-26
  • 美最新研究:抑郁会引发记忆问题 2019-06-26
  • 省委中心组成员到联系帮扶点开展专题调研 2019-06-21
  • 很多常用药同属一家族 2019-06-20
  • 海淀首台“自动售餐机”安家学院路 2019-06-17
  • 青锋的专栏作者中国国家地理网 2019-06-15
  • 女性之声——全国妇联 2019-06-15
  • 北京单场开奖时间 pk10北京赛车开奖 韦斯卡地图 山东十一选五开奖查询结果新闻 3d开奖中彩网开奖 mg电子游戏摆脱心得 斗地主游戏下载 沙巴度尔vs皇家贝蒂斯 花粉之国在线客服 网易彩票app官方下载