As technology and IP rights become increasingly important, more and more companies around the world are including transactions to transfer technology between companies. Dispute resolution and current legislation. The method of dispute resolution in international trade is generally different. In the context of international trade, neither party will generally be willing to take over the settlement of disputes in the courts of the country where the opposing party is domiciled, which confers an advantage on such a party. Moreover, an effective court decision in another jurisdiction cannot be enforceable for a variety of reasons. This standard contract covers the case where a manufacturer licenses a company to license a set of information and industrial property rights. The licensee can then also manufacture the products with the licensee`s technology. With deepening reforms and openness to the outside world and the continued implementation of the Belt and Road initiative, the share of international technology in the overall trading regime continues to grow. Tax pressure. China has tax agreements with many countries that allow taxes to be withheld on certain incomes (for example. B copyright income). In such a case, the percentage of deduction is usually between 10 and 20%.
That`s not bad, but some licensees, especially start-ups, might not have to pay tax on business income because they have become profitable. Developing countries, in particular, see technology transfer as part of the good deal in which they have agreed on the protection of intellectual property rights. The ON TRIPS agreement aims to achieve the transfer of technologies and the dissemination of technologies within the framework of its objectives and calls in particular on members of industrialized countries to encourage their companies to encourage the transfer of technologies to the least developed countries. On the other hand, an arbitral award may be imposed by the New York Convention, which is respected by many countries. As a result, arbitration is often used in international trade, with arbitration procedures in a neutral location. In reality, however, the process of executing a distinction can be time-consuming and costly. And even if the lawyer can use German to discuss, he usually cannot understand the nuances in the language. Such nuances are extremely important in legal agreements. In the event of a dispute between the parties leading to arbitration, translation costs are also a necessary expense.
In the development or revision of an agreement, the difference in the law of the arbitration agreement and the law governing the main contract should be taken into account. If the arbitration agreement does not expressly provide for the law in force, the laws of the arbitral tribunal generally apply. In addition, climate change negotiators discussed the link between technology transfer and the TRIPS agreement. Learn more about climate change and TRIPS. A useful introduction explains in detail what you need to keep in mind when transferring technology: from antitrust rules to tax issues and other pitfalls. Useful annexes make this model an important instrument for international licensees and licensees seeking a form that is fair and balanced for both parties and can be used in a number of sectors. In addition, withholding income tax can only take place within a specified period of time, making it impossible to withhold.
This material is generic in nature. Before relying on the material in any important matter, users should note date of publication and carefully evaluate its accuracy, currency, completeness, and relevance for their purposes, and should obtain any appropriate professional advice relevant to their particular circumstances.