• 万物互联开启智慧新图景 下一代互联网未来已来 2019-08-20
  • 全球第三台“华龙一号”穹顶吊装成功 2019-08-20
  • 合肥庐阳18小区将现“十八变” 4254户居民将受益 2019-08-18
  • 西藏拉萨:新家园 新生活 2019-08-10
  • 滇池治理进入三年攻坚 2019-08-10
  • 你反来复去说1+1=2,真痴呆了?你应该讲点其他的吧,譬如,1+1=2,是客观事实还是规律,是真理还是谬误。 2019-08-03
  • 中医药继承发扬的认识及思考 2019-07-17
  • 端午——网络中国节——黄河新闻网 2019-07-12
  • 端午佳节 听习近平谈弘扬中国优秀传统文化 2019-07-12
  • 《北上广2》朱亚文陈妍希演加料爱情 群戏绎百态人生 2019-07-11
  • 深化对经济工作主线的认识 从供需关系看供给侧结构性改革 2019-07-11
  • 美媒:解放军已成为现代化军队 目光已越过大西洋 2019-07-06
  • 丰台东铁匠营街道:品粽赏乐感受改革开放四十周年 2019-07-06
  • 2017空调产业报告显示:线上零售额占比攀升 2019-07-05
  • 端午——网络中国节——黄河新闻网 2019-06-27
  • Global EditionASIA 中文双语Fran?ais
    Opinion
    今天黑龙江福彩22选5 / Opinion / Op-Ed Contributors

    黑龙江省福利彩票网站:New law will better protect IPR

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

    今天黑龙江福彩22选5 www.fawqa.com 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
  • 万物互联开启智慧新图景 下一代互联网未来已来 2019-08-20
  • 全球第三台“华龙一号”穹顶吊装成功 2019-08-20
  • 合肥庐阳18小区将现“十八变” 4254户居民将受益 2019-08-18
  • 西藏拉萨:新家园 新生活 2019-08-10
  • 滇池治理进入三年攻坚 2019-08-10
  • 你反来复去说1+1=2,真痴呆了?你应该讲点其他的吧,譬如,1+1=2,是客观事实还是规律,是真理还是谬误。 2019-08-03
  • 中医药继承发扬的认识及思考 2019-07-17
  • 端午——网络中国节——黄河新闻网 2019-07-12
  • 端午佳节 听习近平谈弘扬中国优秀传统文化 2019-07-12
  • 《北上广2》朱亚文陈妍希演加料爱情 群戏绎百态人生 2019-07-11
  • 深化对经济工作主线的认识 从供需关系看供给侧结构性改革 2019-07-11
  • 美媒:解放军已成为现代化军队 目光已越过大西洋 2019-07-06
  • 丰台东铁匠营街道:品粽赏乐感受改革开放四十周年 2019-07-06
  • 2017空调产业报告显示:线上零售额占比攀升 2019-07-05
  • 端午——网络中国节——黄河新闻网 2019-06-27
  • 重庆幸运农场一天时间 126期码报迷图 快乐扑克走势图 法甲第一轮集锦 期特码预测六合彩 法甲冠军 大乐透一等奖要中几个球 2019财神爷之高手论坛 黑龙江时时开奖结果 北京pk10客户端哪里 江苏7位数最新开奖l 博彩娱乐城注册送66 快速赛车有什么技巧 甘肃快三走势图一定牛预测 一尾中特平实力超强