This transaction does not include any "hardware" transactions. It includes the following ways:
1, international license agreement
This kind of trade is the most important way and way in international technology trade. This trade is generally done through licensing agreements. License agreement is a kind of contract that deals with the right to use patents and trademarks. Japan Toyo Rayon Company bought the patent authorization of DuPont Company in the United States at a high price to produce and sell nylon products, and defeated DuPont Company in Japan and Southeast Asia in two years. This licensing trade is closely related to the patent and trademark system, so it is a typical property right trade.
2. International technical service contract
For this kind of contract, the United Nations Industrial Development Organization (UNIDO) and the World Industrial Property Organization (WIPO) have regulations on this kind of trade. In short, this kind of contract refers to the agreement reached with the published patent, trademark, proprietary technology or advanced technology.
In the trade with patents and trademarks as objects, in order to implement the technology under patents and trademarks, it is often necessary to supplement technical services. Another kind of technical service contract is sometimes an agreement needed to transfer pure technical know-how. In the patent licensing trade, it is also possible to stipulate the terms of technical services without having to sign another technical service contract. In new construction, expansion or technical transformation projects, the owner hires consulting engineering companies to answer technical questions in some projects or provide some technical services.
Second, the technology trade of combining software and hardware.
The sale of equipment is generally called hardware trade, but equipment generally includes the trade of technical software.
1, buying and selling complete sets of equipment or engineering and buying and selling technology at the same time.
The introduction of complete sets of equipment in China includes technology trade. This technology trade is completed through contracting or turnkey projects. Most third world countries use this method. This method is usually combined with the project contract.
2, key equipment import contract technology transactions.
The transaction contract of key equipment includes the transfer of patents or know-how. A textile factory in Yingkou imported key equipment from Japan and Italy, and the auxiliary equipment was made in China. After technical transformation, it has earned tens of millions of dollars in foreign exchange, which has improved a lot of benefits compared with the simple introduction of complete sets of equipment.
3. Technology trade through leasing.
This is a new way for China to use foreign capital to introduce advanced technology and equipment. The leased advanced equipment itself contains industrial property rights or technical know-how, so this leasing business also includes technology trade.
4. Technology trade in compensation trade.
This is an international financing technology trade. Under this mode of trade, one party provides technical hardware, that is, machinery and equipment, to the other party in the form of credit, and the latter makes periodic compensation for the products produced by using the equipment (other products or services confirmed by both parties). This is one of the effective ways for state-owned enterprises to carry out technological transformation. The advantage of this method is that it can increase exports, but it can't learn advanced management methods.
5. Technology trade under cooperative development mode.
The two sides make use of their respective advantages to carry out scientific and technological research cooperation, or jointly develop new products, new materials and new processes. In the process of cooperation, both parties * * * jointly invest, and * * * jointly determine development projects and plans and development methods. The research results are owned by both parties. In this way, you can learn some management skills and introduce advanced technology or advanced instruments and equipment.
Third, international investment includes technology trade.
For example, China's Law on Sino-foreign Joint Ventures and the Law on Sino-foreign Cooperative Ventures all stipulate the introduction of advanced technology: foreign investors must invest with industrial property rights and non-patented advanced technology and equipment suitable for China's needs. The technology investment here is also the capitalization of technology. There are three basic ways of foreign technology investment:
1, technology constitutes capital stock.
This practice should be used with caution. When it must be used, the proportion of technology shares and the entrustment period shorter than the validity period of the joint venture contract should be limited to prevent the joint venture contract from expiring and the technical part of the investment from being outdated but still being divided.
2. Technology trade under cooperative operation mode
One party to the joint venture shall provide know-how or advanced equipment, materials and foreign exchange funds, while the other party shall provide auxiliary equipment, sites and services and supporting domestic currency funds. It is also a way of technical trade for both parties to cooperate in production and operation. Because cooperation also teaches management skills and technical know-how. When drawing up this kind of cooperation contract, we must pay attention to the fact that although the property rights, technical know-how and physical investment of both parties do not need to be denominated in currency, they must also stipulate their respective technology sharing in the contract, so that both parties can distribute profits according to a certain proportion.
3. A joint venture or cooperative enterprise shall separately sign a technology license or technology transfer contract with the partner. In this way, it avoids the situation that industrial property rights or technical know-how become equity and share profits, so it is more cost-effective.
legal ground
Notice of the State Council on Printing and Distributing the Plan of Shanghai System Promoting Comprehensive Innovation Reform and Accelerating the Construction of Science and Technology Innovation Center with Global Influence
Strengthen the construction of innovative exchange service platforms at home and abroad.
Encourage well-known domestic universities, scientific research institutions and enterprises to carry out scientific and technological innovation cooperation with relevant units in Shanghai, support local multinational enterprises to set up and cultivate global R&D centers and laboratories in Shanghai, strengthen joint research, and further give play to Shanghai's radiation-driven role in the Yangtze River Economic Belt.
Explore allowing foreign enterprises, institutions, partners or individuals to refer to the Interim Regulations on the Registration and Administration of Private Non-enterprise Units to set up non-enterprise institutions providing scientific and technological services such as the transformation of scientific and technological achievements, the input or output of scientific and technological achievements in the Pilot Free Trade Zone.
Shanghai Hi-tech Park will be encouraged to innovate the mode of international scientific and technological cooperation, build cooperative parks with key countries and regions, set up sub-bases with each other, jointly set up venture capital funds, and use the superior resources of the two places to incubate innovative enterprises. Make good use of China (Shanghai) International Technology Import and Export Fair and other national scientific and technological innovation exchange platforms to attract global enterprises to release the latest innovations in Shanghai. Build an international technology trade cooperation platform, give full play to the role of Shanghai International Technology Import and Export Promotion Center, National East Technology Transfer Center and South-South Global Technology Property Exchange, improve the international science and technology service system, and form an international service mechanism for the discovery, docking and project reserve tracking of scientific and technological innovation achievements.