Subjects: Other Disciplines >> Synthetic discipline submitted time 2023-03-28 Cooperative journals: 《中国科学院院刊》
Abstract: The United States accused China’s “Regulations on the Management of Technology Import and Export” that the technology licensors’ warranty of noninfringements violates the “national treatment principle” of the TRIPs agreement and limits the parties’ choice. However, the application of this clause in practice is very rare. The deletion of Article 24, paragraph 3, of the Regulations on the Administration of Import and Export of Technology in China complies with the requirements of the development of the times and conforms to the reality and legal environment of China’s technology import and export. The deletion of the provisions of this paragraph, although it will not have a significant impact on the import and export of technology in China, the related parties should still pay attention to the details of the content on warranty of noninfringements and make a clear statement in the contract.
Subjects: Other Disciplines >> Synthetic discipline submitted time 2023-03-28 Cooperative journals: 《中国科学院院刊》
Abstract: Chinese Academy of Sciences (CAS) undertakes the relevant responsibility and missions of national strategic scientific & technological (S&T) power, and has a history of emphasizing intellectual property (IP) work. The research analyzes the institutional regulations and main measures of CAS in protecting and using IP, and summarizes the model characteristics. Based on the practice of CAS, we put forward suggestions of protecting and using IP for national strategic S&T power in terms of strategy and institution, professional arrangement, models and measures, management process.