Abstract
The essence of the China-U.S. trade war lies in the battle over intellectual property and technology, with the issue of forced technology transfer becoming the focal point of this intellectual property conflict. The term "forced technology transfer" refers to the alleged unfair and discriminatory laws, policies, and practices—often intertwined with business strategies—through which Chinese parties are accused of compelling foreign entities to transfer their technologies to Chinese enterprises. It is an open-ended and evolving concept that continues to develop alongside shifts in the international trade and economic landscape.
From a legal perspective, forced technology transfer involves aspects of international economic law, antitrust law, and administrative licensing law, among which the regulation of restrictive clauses in technology transfer contracts under antitrust law is of paramount importance. The promulgation of the Foreign Investment Law and the amendment of the Regulations on Technology Import and Export Administration have largely addressed the concerns regarding forced technology transfer in the China-U.S. trade agreement. However, the more challenging task lies in the application of relevant antitrust laws. These laws must not only comply with the provisions of the China-U.S. trade agreement but also adhere to international standards and practices, in order to effectively safeguard China’s national interests.
Keywords
International Trade Rules; China-U.S. Trade Agreement; Forced Technology Transfer; Technology Transfer Contracts; Restrictive Clauses; Antitrust Law
Author Profile
Shan Xiaoguang (b. 1961), Professor and Doctoral Supervisor at Shanghai International College of Intellectual Property, Tongji University.
Original Article Link: https://mp.weixin.qq.com/s/6KvwnAkzQAMNcmBn57IOKA
