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초록

영어

This paper aims to discuss the general aspects of the Chinese law on international technology transfer contracts. Generally speaking, China has relatively detailed legislation with regard to technology contracts. Chapter 18 of the Chinese Contract Law Act provides the rights and duties of the parties to the various types of technology contracts, which are more scrutinized by the Chinese Supreme Court’s Official Interpretation. As to the introduction of foreign technologies into China, the Ordinance for Import and Export of Technology and related regulations controls it with details. the Ordinance can be viewed clear enough to secure legal stability and foreseeability in application thereof to real transactions. It would be desirable for Korea to have a legislation on technology contracts making reference to the Chinese Contract Law Act. The Chinese law on technology contracts, especially the regulations on importation of foreign technologies need to be improved. Consistency and compatibility between the provisions of the Contract Law Act including the judicial Interpretation and the provisions of the Ordinance should be enhanced to avoid any confusion or misunderstanding. Eventually it would be hopeful that the Chinese legislation on this area meets the global standards by eliminating the covered or uncovered discrimination against foreigners.

목차

I. 서론
 II. 기술이전에 관한 중국 법령의 개관
 III. 중국 기술이전계약의 개관
 IV. 기술이전계약상 당사자의 권리의무
 V. 중국 기술수출입관리제도의 문제점 및 개선방안
 VI. 결론
 참고문헌
 

키워드

기술이전계약 기술수출입관리조례 기술수출입계약등록관리규정 개량기술 기술료 경쟁기술취급제한 Technology Transfer Chinese Contract Law Grant Back Royalty Competing Technology.

저자

• 손경한 [ Sohn KyungHan | 성균관대학교 법학전문대학원 교수, 변호사 ]
• 文麗花 [ 문려화 | 중국 동북사범대학교 졸업, 현 성균관대학교 법학일반대학원 석사과정. ]

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