What Are the Business Benefits of Technology?

Technology trade refers to the technology exporter transferring a technology or right to the importer in the form of a transaction. Technology trade has become an important international trade activity. ^[1]

Technology trade

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Technology trade refers to the technology exporter transferring a technology or right to the importer in the form of a transaction. Technology trade has become an important international trade activity. ^[1]

1. Refers to international commerciality

The basic content of technology trade includes whether technology can really be carried out

(1) Intangibility. Technology is an intangible intellectual thing; it can only be grasped by understanding. Some techniques can be expressed in language; others exist only in the "capable" experience.

(2) Systematic. Scattered technical knowledge cannot be called technology. Only the synthesis of knowledge, experience and skills related to the production principle, design, production operation, equipment installation and commissioning, management, and sales of products can be called technology.

(3) Commodity attributes. Technology is an intangible special commodity. Because technology is not only useful, it also has

The main methods of technology trade are:

1) Technology trading. Technology

versus

Historically, the importance of technology trade has increased dramatically. Since World War II

Technology Trade Definition

International technology trade refers to an international trade between enterprises, economic organizations, or individuals in different countries that sells or purchases software technology use rights to each other in accordance with general commercial conditions. It consists of technology export and technology import. In short, international technology trade is a kind of international commercial activity that uses the right to use pure technology as the main transaction target.

Technology trade characteristics

1. The nature of the subject matter of the transaction is different. The subject matter of the physical trade is tangible material goods, which is easy to measure, evaluate, and price; while the subject of technology and trade is intangible knowledge, and its measurement, qualification, and pricing standards are very complex.

2. The parties to the transaction are different. On the one hand, the parties to the trade are generally not counterparts, while the parties to the technology trade are generally counterparts. Because only when both parties are counterparts, the importer will be interested in the technology of the transferor, and the importer will be able to use this technology. On the other hand, the seller in the material trade is always for the purpose of sales. The seller (transferor) in the face trade is generally not developing technology for the sake of transfer but for his own use, but in some specific cases Before transferring technology.

3 Different delivery process

The delivery of goods and materials is a physical transfer, and the process is relatively simple. The "delivery" of technology trade is

International Glass Industry Technology Exhibition Opens

The complex and lengthy process of imparting technical knowledge, experience and skills.

4 The issues involved are different from the law

The issues involved in technology and trade are many, complex and special. For example, technology and trade involves issues such as industrial property rights protection, technological risks, technological pricing, restrictions and counter-restrictions, confidentiality, rights and technological guarantees, and support measures. There are more domestic laws, inter-law laws and conventions involved in technology trade than material trade. Therefore, it is much more difficult to engage in technology trade than material trade.

5. Different levels of government intervention

The degree of government intervention in technology trade is greater than that in material trade. Because technology export is actually an export of technology level, manufacturing capacity and development capacity, for the sake of national security and economic interests, the state has a stricter review of technology exports. Because technology transferers often have technological advantages in technology trade, in order to prevent them from forcing importers to accept unreasonable trading conditions based on this advantage, and for domestic economic, social, and scientific development policy considerations, the state The introduction is also strictly managed. ^[2]

Adoption of technology trade

An international technology trade contract is a legal document stipulating the relationship between the rights and obligations of the two parties concluded between the two parties to achieve technology transfer. Its forms often correspond to international technology trade methods, such as license contracts, technical service and consulting contracts, cooperative production contracts, and equipment contracts. Among them, the license contract is the most basic, typical, and universal form. Technical service and consulting contracts are also typical and widely adopted. Therefore, only these two forms of contract are introduced here.

I. License contract

A license contract refers to a type of licensing agreement signed between the technology supplier of the licensed trade and the other party in order to allow the receiver of the technology to use its intellectual property or proprietary technology for a fee. Depending on the degree of authorization, it has exclusive license contracts, exclusive license contracts, general license contracts, transferable license contracts, cross-license contracts and other types. Depending on the subject matter of the contract, there are patent license contracts, trademark license contracts, and proprietary technology license contracts.

Due to the different types of license contracts, their contract terms and contents have the same parts, as well as their own special parts.

The terms and contents common to various license contracts are as follows:

(l) Contract name and number. The name of the contract should accurately reflect the content, nature and characteristics of the contract. For example, "XX patent license contract". The contract number is a specific symbol that identifies the contract, and it reflects the country of the licensor, the name and department of the licensee, and the year of signing.

(2) Signing time and place. The signing time is the date of the formal signing of the two parties, and the signing location is often related to the signing time. The time and place of signing often involve issues such as the entry into force of the contract, the application of laws, and taxation.

(3) The legal name and address of the parties. This is indispensable for communication, and it is also one of the basis for determining the jurisdiction of the court and the applicable law in the event of a dispute between the two parties.

(4) Given the terms, the phrase "in view of ..." is often used, hence the name. It is a narrative clause, which is used to explain the background, willingness and purpose of the parties to the contract. It should specifically state the legality of the licensor's technology or rights and the licensee's experience and ability to accept the technology.

(5) Define the terms. In order to make the content of the contract clear and concise, the following words are often defined: important terms and terms related to the subject matter of the contract; important terms and terms with different understandings or ambiguities that are different in the laws or practices of various countries; important professional technologies Terminology; terms and terms that appear repeatedly in the contract and need to be simplified. It should be noted that the definitions of terms and terms should be consistent and safe when they appear in various clauses of the same contract.

(6) The content and scope of the transferred technology. This is the core part of the entire contract and the basis for confirming the rights and obligations of both parties. It mainly stipulates: the specific technical name, specifications, required performance and technical indicators; the method of transfer (including the contract product design data, the scope and content of production technical data), the supplier's technical training and technical services should bear Responsibilities and obligations, specific training numbers, methods, scope of technical services and treatment conditions, goals to be achieved, areas where the recipient can use technology to manufacture, sell and export licensed products; how to use trademarks, etc.

(7) The exchange of technological improvements and developments. During the term of the contract, both the supplier and the recipient may make some new improvements or developments to the originally transferred technology. Generally speaking, the ownership of the improved and developed technology should belong to the party making the improvement and development. Both parties should undertake the obligation to continuously exchange such improved and developed technologies. The method of exchange for such improved or developed technology shall be clearly specified in the contract. Generally, the clauses stipulating that the license provides improvement and development technology to the licensee are referred to as "continued provision of technical assistance clauses", and the clauses that the license provides the licensor with improvement and development technology are called the principle of reciprocity of fees and consistent exchange terms.

(8) Delivery of technical documents. This clause includes the time, place and method of delivery of technical documents, the requirements for packaging of technical documents, remedies for short-term losses of technical documents, the use of text and technical parameter measurement systems for technical documents, etc.

(9) Technology price and payment. The price of technology refers to the currency performance of the technology use fee that the technology receiver is willing to pay in order to obtain the right to use the technology. Different from the pricing of tangible goods, technology pricing is a complex issue, and its level depends on a variety of pixels, mainly including the direct cost of the supplier to complete the advance of the exchange; the expected profit of the supplier; the technology's life cycle and the technology's location The period of the cycle; the amount of technical services provided by the supplier; the purpose and scope of the technology use; the degree of the supplier's authorization to the recipient; the supplier's guarantee of the technology; and the recipient's ability to accept the technology; China s political environment and protection of property rights.

The payment method of technology price is also different from tangible goods. There are three commonly used methods: one is lump sum. That is, the technical use fee, technical data fee, and technical service fee are calculated and added at a time, and the total amount is paid in one installment or in installments. The second is commission payment. That is, after the technology is implemented, a certain percentage of the contract product's output or sales or the profit obtained will be taken as the technology price every year. The third is the entrance fee plus commission payment. That is, when the contract comes into effect or the recipient receives the technical data, it first pays an agreed amount and then pays the annual fee.

(10) Guarantee. This clause is mainly for the benefit of the licensee and to strengthen the licensor's responsibility. It includes rights guarantee and technology guarantee. The right guarantee mainly means that the licensor should guarantee that it is the legal owner of the transferred technology and has the right to transfer the technology. Such transfer does not infringe the rights of any third party in the area stipulated in the contract. Technical guarantee means that the supplier guarantees to provide the technology as stipulated in the contract. The technology provided is safe and practical and can produce qualified contract products. In the guarantee clause, the content of the technical guarantee is mainly provided. The guarantee of rights is mainly added in terms of clauses, infringements, etc.

With regulations.

(11) Other terms. In addition to the above clauses, the license contract also includes "claims, force majeure, taxes and fees, application of law and settlement of disputes, contract duration, words and signatures, contract attachments and other terms and contents. These contents are similar to general commodity sales contracts, so they are No longer.

The special clauses of various license contracts are those that must be stipulated according to the specific characteristics of the subject matter of the contract.

The special terms of a patent license contract include patent terms, patent retention terms, and so on.

Patent terms. This clause should clarify the legal status of the patented technology transferred, and list the patent number, country of patent application, application time and validity period. In the case of a patent under application, the contract should specify how the rights and obligations of the two parties will change with the outcome of the application, and so on. Patents remain valid. In most countries, patentees must pay an annual fee to maintain the validity of the patent right. Therefore, the contract should generally stipulate that the licensor is obliged to pay an annual fee in accordance with the law to maintain the validity of the transferred patent; if the patent is invalidated due to the failure to pay the annual fee, the contract will be terminated accordingly. The patent license contract should also include provisions for the use of patent marks, infringements, and provisions for handling them.

The special terms of the trademark license contract mainly include: the content and characteristics of the trademark, the legality and validity of the trademark; the use of the trademark by the recipient; the management of the trademark identification; and the right to supervise the product quality.

The special provisions of the proprietary technology license contract mainly include: the initial confidentiality agreement, confidentiality, and assessment and acceptance clauses. The initial confidentiality agreement is mainly a confidentiality agreement reached between the two parties in the course of technical negotiations to ensure that if the technology trade contract is not reached, the recipient is obliged to keep all technical secrets obtained from the supplier confidential within a certain period of time. The confidentiality clause is the provision on confidentiality obligations and measures in the contract between the two parties.

Examination and acceptance clauses. The "delivery" process of technology trade is actually a process for the transfer and transfer of technical knowledge, experience and skills to the recipient. In addition to transferring technical information, the most important thing is to "deliver" to the recipient by preaching. Is the "delivery" completed? Does the delivered "goods" meet the contract requirements? In the technical trade, these problems can only be solved by evaluating the contract products. Therefore, in the terms of assessment and acceptance, the following main contents must be specified: the product model, specifications, and quantity of the assessment and acceptance, the contents, standards, methods, and times of the assessment and acceptance, the location and time of the assessment and acceptance, and the key special testing instruments and equipment used The provision, the arrangements and responsibilities of the personnel participating in the assessment and acceptance, the burden of the assessment costs, the processing of the assessment results, the attribution of the unqualified assessment responsibility, the economic and legal liability attribution, etc.

Technical service and help desk

Technical services and consulting are also a form of technology trade commonly used in the practice of international technology trade. Due to its wide content, scope and form, the content of its contracts are also different. But in general, technical service and consulting contracts mainly include the following aspects.

(1) The subject matter of the contract. It mainly specifies the name of the contract project, the service content, and the problem to be solved or the technical requirements to be achieved.

(2) Service requirements and forms. In this clause, the number, level, qualifications, qualifications, work schedule, work place and treatment conditions of the technical personnel dispatched by the service party shall be specified. The time, place and method of providing information or reports, and the time limit for completing technical services and consultations.

(3) Liability of both parties. The entrusting party shall truthfully introduce the situation and provide convenience for the service party to conduct on-site inspections; pay technical service consulting fees as required; and accept the work results of the other party on time. The serving party shall do its best to serve the other party; submit a report in a timely manner; answer questions raised by the other party in a timely manner; keep confidential for the other party, etc.

(4) Acceptance and handling of consulting reports. If it is an advisory service, the service provider shall provide a consultation report within a certain period of time after the end of the consultation report period, and the parties shall hold a defense meeting, and the service party shall answer the questions or queries raised by the client. If data errors or other problems are found in the report, the time limit for correction should be specified, and the deadline for the acceptance report should be determined.

(5) Other terms. Others such as the pricing and payment of technical services and consulting; breach of contract and its handling; guarantees and guarantees on technical service contracts such as engineering design, product development, etc. must be specified in the contract. ^[3]