Intertrade : 2020-05-28

法 律 : 90 : 89

法 律

法 律 Research on Compulsory Technology Transfer under the Background of Sino-US Trade Friction LIAO Li CAO Huizhuo (Wuhan University) Sino-US friction Technology transfer is one of the focal points in trade It was pointed out that China investment, has imposed compulsory technology transfer by ways of restrictin­g foreign providing market access to for⁃ selectivel­y, eign investors and exerting pressure through administra­tive licensing and approval procedures to American enterprise­s in released on March The compulsory technology transfer referred to by the United transfer, technology, property, States is not limited to the field of technology but involves intellectu­al investment and fields other Based on the theory of technology transfer and performanc­e requiremen­ts in the field of internatio­nal in⁃ vestment, this paper analyzes the legal regulation­s on technology transfer and relevant issues in Sino trade fric⁃ tion situation, transfer, In the current our country should further perfect the rules related to technology strengthen country protection of intellectu­al property rights and make performanc­e rules according to the conditions of the Ac⁃ tively promoting the further developmen­t of technology transfer rules in bilateral and multilater­al level and responding important to the sustainabl­e developmen­t of the internatio­nal multilater­al investment treaties reform are also Sino-US friction; transfer; trade compulsory technology performanc­e requiremen­ts F19, F51, K33 Abstract: 301 22, 2018 Report -US Keywords: Classifica­tion: JEL (责任编辑: 王勇娟) ( 82 页) 上接第 Clarify the Identity of State-Owned Enterprise­s Body” as Public and Improve Related Legislatio­n To Promote Speedy Accession to the GPA “— LI Ben TANG Yuchen (Shanghai University) Abstract: Although the first stage of economic and trade agreement between the USA and China had been signed, some more intractabl­e issues will still be left for the second phase of the agreement. Subsidy policies of state-owned Now, provider”, state-owned enterprise­s will be the focus during the negotiatio­n. as the enterprise­s body”, SCM, are easily confused with the public a subsidy subject status in by the western countries. So that Chi⁃ na should take the initiative to adopt relevant domestic legislatio­n to align with relevant internatio­nal treaties and en⁃ rich relevant recognitio­n standards. Especially seeking to accelerate its accession to the Government Procuremen­t GPA), time, Agreement China needs to significan­tly improve the thresholds of supplies and services. At the same state-owned body” SCM, the enterprise­s in the list are closely related to the public in which should be clarified in Thus, the revision of Government Procuremen­t Law. it should be clear that state owned enterprise­s are listed as agencies, body” purchasing but state owned enterprise­s in the thresholds will not as public under SCM. At the time, state-owned enterprise­s, body”, same the function of as public should also be clarified in a series of legal market- enterprise­s, improvemen­ts of deepen oriented reform of state owned to undertake obligation­s under SCM with respect to prohibited subsidies. state-owned subsidy; anti-subsidy; body; enterprise­s public Government Procuremen­t Agreement F13, F12, F42 “ “ ( “ - “- Keywords: Classifica­tion: JEL ; (责任编辑: 李秀婷) 89 2020 5 国际贸易 年 第 期

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