In addition to presenting the themes common to all technology transfer agreements, international technology transfer agreements also represent differences in the aforementioned legal systems, export restrictions, exchange controls, taxation, dispute resolution and language. When developing or verifying an agreement, the lawyer must take full account of individual differences in cross-border agreements and adapt them to the client`s requirements. The parties, the client and NTUST, conclude this agreement as part of the project □□□□□□□□□ that the parties will lead through industrial and academic cooperation and technology transfer, and agree on the following conditions: International technology transfer is one of the most important forms of technology trading between countries. Due to the diversity of legal systems, legal systems and legal cultures of different professionals, lawyers are required to pay particular attention to the following issues in the development and revision of international technology agreements. Export restrictions. In the case of international technology transfers, technology`s border crossing of national borders is subject to the control of import-export legislation. The main laws on the control of the import and export of technology in China are the Foreign Trade Act and the administrative rules governing the import and export of the technology. It goes without saying that different controls also apply to different sectors. The example of Sino-US nuclear energy technology transfers involves not only the aforementioned laws and regulations, but also the specific controls of nuclear technology.
The direct transfer of these technologies also includes the issue of transfer to third countries (for example. B, Iran and other countries are particularly monitored by the United States). When drawing up or revising an agreement, special attention should be paid to issues relating to the validity of the agreement and compensation arising from export restrictions. The language. If the languages used by the parties differ, the agreement can be translated into another language. The parties should indicate in the agreement which language to favour in order to avoid a situation where there is no choice. If the official language of the agreement is German, but the lawyer does not speak German and verifies the Chinese translated version of the agreement, the client must hire a local lawyer to collaborate with the Chinese lawyer. Differences in intellectual property law. Intellectual property legal systems vary from country to country; In particular, there are differences in patent and trademark registration systems, nustic ethical rights over copyright, the right to works developed in common, the protection of copyright data, etc. With regard to the definition of patented technology, there are some differences between countries in terms of duration and conditions of protection. Control of the exchange. Some countries will require, on the basis of the issue of clearing foreign currency payments, that the verification and administrative approval of government authorities be ensured before a cross-border technology transfer agreement comes into force.
Such monetary control policies can make it more difficult to exchange currencies or pay cross-border. This issue must be expressly included in the agreement, for example. B that the agreement will not enter into force until after the approval or authorization of the administration, and that the risk resulting from the failure of the agreement to enter into force must be adequately distributed.
