中韩技术转让法律制度比较研究

A Comparison between China's and Korea's Technology Transfer Legal System

技术转让法律制度对技术后进国技术创新能力的形成十分重要,各国立法的科学性及执法的有效性等方面的差异常导致实践中效果的不同。比较中国和韩国技术转让法律制度方面的异同,并从韩国经验中寻求可以借鉴的内容,对中国创新能力的提升有积极意义。中韩技术转让的法律规定皆分散于多部法律之中,有诸多相似之处,但由于法律实施、监管等方面的差异,导致效果有很大不同:技术转让法律制度在韩国近30年工业化发展中起到了其预期作用,而中国则没有。其中最为关键的是:韩国政府或企业对引进技术的后续研发十分关注,在消化、吸收再创新方面取得成效,帮助自己尽快形成了技术能力;而中国未能做到。借鉴韩国某些经验,完善中国相关法律制度,是提升中国企业自主创新能力较为便捷和有效的路径之一。

The technology transfer legal system is critical for technologically backward developing countries to build their technical capacities, and the differences in the contents of the related legisla- tions and in the effectiveness of law enforcement often lead to the different effects. It＇ s greatly significant for China to promote its technical innovation capacities on the basis of finding out the differences between the legal system of China and those of the Republic of Korea （Korea） , and obtain the refer- ences by comparing them. Neither China nor Korea has unified legal system, and the provisions on technology transfer in both countries are dispersed in various laws, and there are many similarities in the contents of them. However, there exist the differences between them in aspects of the enforcement and the supervision of the related provisions, which has led to the different effects： the legal system has ever played very important roles in Korea＇ s industrialization process in recent 30 years, and made Korea succeed in promoting innovation capacities and become a developed country; but to China, the results are different--China has not substantially developed its innovation capacities in the past 30 years and is still a developing country. The most distinguished factor is that the Korea＇ s government and its enterprises have paid much attention to the follow-up research and development of the intro- duced technologies, and then improved the innovation capacities on the basis of reverse engineering, absorbing and re-innovation, while neither China＇ s government nor its enterprises do like that. It is one of the more convenient and effective way for China and its enterprises to enhance the capability of independent innovation to learn from Korea＇ s experiences by improving the related legal system of China.