3. Short answer questions (this big question has 3 small questions, each question is worth 5 points, and the total score is 15 points)

31. Briefly describe the characteristics of international business practices.

Answer: (1) Its establishment is not based on national legislation or treaties between countries;

(2) Its legal binding force on specific parties comes from The consent agreement and voluntary choice of the parties.

(3) When the parties conclude a contract, a certain ready-made international business practice may be adopted in its entirety or may be added or deleted as long as all parties agree upon it.

(4) The binding force of international business practices on specific parties often must rely on national sovereignty or other coercive powers.

32. Briefly describe the restrictions on the principle of keeping promises.

(1) The contract or treaty must be legal and valid.

(2) Contracts or treaties are often subject to "changes in circumstances".

33. Briefly describe the limitations of the International Court of Justice's functions in dealing with international economic disputes.

(1) The litigants of the International Court of Justice are limited to states.

(2) Since the International Court of Justice is not a judicial authority that is superior to states, its jurisdiction must be based on the voluntariness, agreement or declaration of the parties to the dispute.

4. Essay questions (this major question has 2 small questions, each question is worth 15 points, and the total score is 30 points)

34. Describe domestic legal measures to control international tax evasion and tax avoidance and international cooperation to prevent international tax evasion and tax avoidance.

(1) Domestic legal measures to control international tax evasion and tax avoidance: including general legal measures and special legal measures.

(1) General legal measures mainly include: strengthening the international tax declaration system, strengthening tax review of cross-border transaction activities, and implementing taxation on assessed income or verified profits, etc.

(2) Special legal measures include:

① Legal measures to prevent multinational affiliated enterprises from using transfer pricing to evade taxes.

Countries generally adopt the arm's length principle in their transfer pricing tax systems to make corresponding adjustments to the distribution of income and fees between related enterprises.

②Legal measures to prevent the use of tax havens for international tax avoidance.

A. Pass laws to prohibit taxpayers from establishing base companies in tax havens; B. Prohibit abnormal profit transfers;

C. Cancel the undistributed dividend income of domestic shareholders in base companies The deferred tax treatment is to discourage taxpayers from setting up base companies in tax havens to accumulate profits.

③Legal measures to prevent thinning of capital.

Some countries have adopted special tax legislation and tax collection and administration regulations, or applied the arm's length principle to limit shareholders' excessive loan financing arrangements for the company, or used loan financing to cover up share financing and the company's side loans. Interest to shareholders is treated as dividends and is prohibited from being deducted from the company's taxable income. In my country, the ratio of registered capital to total investment of foreign-invested enterprises must comply with relevant management regulations; the tax authorities can use the arm's length principle to make necessary adjustments to weakened investment arrangements between affiliated enterprises in accordance with the tax regulations on business transactions between affiliated enterprises in the tax law. adjustments and taxation accordingly.

(2) International cooperation to prevent international tax evasion and avoidance

(1) Establish an international tax information exchange system. Generally divided into routine exchanges, special exchanges upon request, and proactive exchanges by one party. In recent years, some countries have also agreed to conduct simultaneous tax inspections on the activities of multinational taxpayers in each other's territory, or to allow each other's tax representatives to enter the country to conduct tax inspections.

(2) Add anti-application clauses in double taxation agreements.

The anti-treaty application measures in tax treaties between various countries are mainly to determine the standards and methods for judging transmission companies that do not use treaty benefits. These standards and methods are:

1. Perspective method, that is, judging whether a company is subject to the treaty. Preferential treatment is no longer based solely on whether the company is a resident of the contracting country, but also further analyzes whether the shareholders who control or own the company are also residents of the contracting country;

2. Exclusion method, that is, the benefits stipulated in tax treaties, It does not apply to certain companies that enjoy tax-free or low-tax treatment in a contracting country;

3. The channel method is to prevent residents of third countries from using stepping-stone transmission companies to apply tax treaties, that is, companies that are residents of a contracting country pay to Dividends, interest, royalties, etc. of third country residents shall not exceed a certain proportion of their total income. Resident companies exceeding the limited proportion cannot enjoy the preferential treatment in the agreement;

4. Taxation Law, That is to say, it is stipulated in the tax treaty that for taxpayers to enjoy the tax reduction and exemption benefits of the treaty for certain types of income, it must be on the condition that such income is taxed in the taxpayer's country of residence.

(3) Mutual assistance in tax collection. It mainly involves the tax authority of one country accepting the entrustment of the tax authority of another country to perform certain tax collection activities on its behalf. Article 27 of the revised model tax treaty published by the OECD in 2003 specifically provides for an administrative assistance system in tax collection. In addition, the OECD Council adopted the Agreement on Administrative Assistance in Taxation in January 1988, which was opened for signature by member states in Strasbourg and stipulated the content of international cooperation related to the delivery of documents and tax collection.

35. How to evaluate the MIGA mechanism established by the Convention on the Establishment of the Multilateral Investment Guarantee Agency (referred to as the "Seoul Convention").

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1. Short answer questions (this big question has 3 small questions, each question is 5 points, ***15 points)

1 . Briefly describe the main contents of the bilateral investment protection agreement.

Answer: (1) Scope of foreign investment (or the definition of "investment" is also correct); (2) Access to foreign investment; (3) Treatment of foreign investment; (4) Repatriation of foreign profits;

(5) The right of subrogation of the contracting parties (or "subrogation" is also correct); (6) Conditions and compensation standards for expropriation; (7) Settlement of investment disputes.

2. Briefly describe the structure of the GATS legal system.

Answer: (1) The main text of GATS; (2) The annex to GATS; (3) Each member’s schedule of commitments on market access and national treatment;

(4) Ministerial Conference Resolutions and Understandings.

3. Briefly describe the host country’s legal controls on multinational bank access.

Answer: Countries implement different levels of legal controls on multinational banks. There are four main aspects of access control:

(1) Restrictions on entry forms, such as subsidiaries, branches, representative offices, etc.;

(2) Restrictions on entry conditions , such as credit requirements, prudential condition requirements, capital requirements, etc.;

(3) The principle of reciprocity is implemented for entry, and the foreign country’s permission for domestic banks to enter is a prerequisite;

( 4) Reservation of the interests of private companies entering the country. The entry of multinational banks must be in line with the public interests of the country.

2. Essay questions (this major question has 2 small questions, 15 points each, 30 points)

1. How to understand international technology licensing contracts Restrictive terms?

Answer: When restrictive business practices or restrictive trade practices are specifically included in an international technology licensing contract, the relevant clauses are called restrictive clauses.

(1) Countries have different legislation regarding which agreements are restrictive clauses.

In practice, it is mainly reflected in the following behaviors or terms:

① Tying clauses; ② Restriction of competition clauses; ③ Restrictions on the production or sales of technical products; ④ Limitation of contract period;

⑤ No Reasonably restrict the licensee from continuing to use the licensed technology after the expiration of the contract; ⑥ Restrict the licensee from improving or developing the licensed technology;

⑦ Restrict the licensee’s trademark use, advertising and other commercial activities; ⑧ Restricting the licensee's autonomy in business operation and management;

⑨ Restricting the scope of technical personnel and the scope of technology use by the licensee;

⑩ Restricting the validity of the licensed technology by the licensee Sexual objection.

(2) Restrictive practices that appear in international technology licensing activities are generally reflected in the following: the technology supplier implements unreasonable practices on the relevant business activities of the technology recipient based on its monopoly position of technology proprietary rights. restrictions.

(3) The purpose is to restrict the other party’s technical or market competitiveness to maintain its technical or market competitive advantage, or to promote the sales of other businesses or the export of outdated technology.

(4) Its substantial consequence is to restrict free trade.

2. Let’s discuss the “permanent establishment principle” that coordinates conflicts of taxation rights on cross-border business income.

Answer: (1) The concept of the permanent establishment principle: refers to the operating profits of an enterprise operated by a resident of a contracting country of a double taxation agreement, which shall be taxed only in that country, but the enterprise is established in the contracting country The exception is operating profits earned by a permanent establishment of the other party.

(2) The role of the permanent establishment principle: limiting the taxation authority of the country of origin of cross-border business income to the condition that there is a permanent establishment and within the profit scope of the permanent establishment.

(3) Exception to the permanent establishment principle: it does not apply to the taxation of operating profits of enterprises engaged in international shipping and air transport, which are usually taxed exclusively by the country of residence of the enterprise.

(4) The concept and scope of a permanent establishment: a fixed place where an enterprise conducts all or part of its business. An enterprise in one country that contracts construction and installation projects in another country also constitutes a permanent establishment. Carrying on business not through a fixed place but through a business agent may still constitute a permanent establishment.

(5) Determination of the scope of profits attributable to the permanent establishment: the "gravity principle" and the "actual connection principle" are adopted.

(6) Assessment of taxable income: adopt the "independent enterprise principle" and the "expense deduction and reasonable apportionment principle".

3. Case analysis questions (15 points for this major question)

1. On May 8, 2004, a Chinese company signed a contract with a Korean company to order 50,000 sets of electronic components. FCA (A port in South Korea) Price conditions, delivery between November 7th and 9th, 2004. The contract shall be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any contract dispute occurs, it shall be settled by arbitration by the China International Economic and Trade Arbitration Commission. Later, due to the price drop of such electronic products, on June 20 of the same year, the Chinese company and the Korean company changed the order to 40,000 sets, with the product price unchanged. On November 8, 2004, the Korean company delivered the goods to the carrier designated by the Chinese company. On November 25, the Chinese company received the goods and found that the goods delivered by the Korean company were still 50,000 sets.

(1) What is the Chinese name of FCA? In this case, when did the cargo risk transfer from the Korean company to the Chinese company? Why?

Answer: FCA "Free Carrier". The risk is transferred to the Chinese company when the Korean company delivers the item to the carrier. Because under FCA price conditions, the buyer bears all risks of loss or damage to the goods from the time the seller delivers the goods in accordance with the regulations.

(2) The Chinese company only received the goods on November 25. Can the Korean company be held liable for breach of contract on the grounds that it failed to deliver the goods on time? Why?

Answer: No. Because under FCA price conditions, the delivery date stipulated in the contract is the date when the seller delivers the goods to the carrier, not the date when the buyer actually receives the goods.

(3) Can the Chinese company charge the extra 10,000 sets of electronic components at market prices? Why?

Answer: No.

If you receive overdelivered goods, you must pay the contract price.

(4) If 15,000 sets of products are substandard and the Chinese company wants to return the substandard products to the Korean company, what measures should the Chinese company take on these products before actually returning them to the Korean company? ? Who should bear the relevant costs? Why?

Answer: Cargo preservation measures should be taken (the answer "storage" is also correct). According to the provisions of the Convention, if the buyer intends to return the goods, he is obliged to preserve the goods, and the reasonable expenses incurred in taking preservation measures shall be borne by the seller.

(5) If the Korean company refuses to implement the effective arbitration award after the dispute between the two parties has been arbitrated, how can the Chinese company get the award enforced in South Korea? What is the legal basis?

Answer: Chinese companies can request Korean courts to recognize and enforce the awards of Chinese arbitration institutions. The relevant legal basis is the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the answer is also the New York Convention).

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3. Short answer questions (this big question has 3 small questions, each question is 5 points, ***15 points)

31 ． Briefly describe the main contents of the principle of national economic sovereignty. P84

Answer: The main content of the principle of national economic sovereignty can be roughly summarized into the following five basic aspects:

(1) Countries have the right to enjoy all economic affairs within the country and with foreign countries. Complete and sufficient independent rights, free from any external interference (general manifestation)

(2) Each country enjoys permanent sovereignty over all natural resources within its territory

(3) Each country has complete sovereignty over all natural resources within its territory. Investment and the activities of multinational companies enjoy the right to manage and supervise

(4) Countries have the right to nationalize or expropriate foreign assets within their territory

(5) Countries have the right to control global trade policies Equal participation and decision-making rights

32. Briefly describe the main features of the TRIPs agreement.

Answer: (1) It adopts the "most favored nation treatment" principle commonly used in international trade, and at the same time stipulates the "national treatment" principle for intellectual property protection.

(2) It stipulates higher standards for intellectual property protection.

(3) It specifically stipulates measures to protect intellectual property rights, including the obligation of members to provide necessary procedures and remedies in accordance with domestic laws, and also stipulates a border measures system.

(4) It stipulates different timetables for countries with different levels of development to implement Trips.

33. Briefly describe the causes of international double taxation. P579

Answer: The occurrence of international double taxation is the result of overlapping conflicts in the tax jurisdiction claimed by the relevant countries on the taxpayer's cross-border income or property value. There are mainly three types of conflicts between tax jurisdictions:

(1) Conflicts between resident tax jurisdiction and source tax jurisdiction.

(2) Conflict between resident tax jurisdiction and resident tax jurisdiction.

(3) Conflict between the source tax jurisdictions of two countries.

4. Essay questions (this major question has 2 small questions, each question is worth 15 points, and the total score is 30 points)

34. On the difference between international technology trade and international goods trade.

Answer: (1) The subject of international technology trade is the right to use intangible technical knowledge and experience. The object of international technology trade is often a specific, intangible right to use technical knowledge and experience. The objects of international trade in goods are goods bought and sold, which generally have a certain volume and occupy a certain space, and people can directly feel their existence with their senses.

(2) What the technology transferee in international technology trade obtains is only the right to use technical knowledge, not ownership. After a technology is transferred, the technology transferee and technology owner have the right to use the technology, and others may also use the technology. Therefore, in international technology transfer, unless both parties agree on a one-time buyout or sale of the technology, the transferee generally can only enjoy the right to use the technology within the agreed scope, and has no right to transfer or donate the technology to anyone without authorization. Third parties.

For international trade in goods, once the goods are transferred, the original owner loses ownership, while the transferee enjoys ownership of the product and can freely deal with the product, including using, reselling, giving away or leasing the product.

(3) International technology trade is a long-term transaction, and the transaction process is very complicated. The transaction process of international technology trade is complex. Generally speaking, the validity period of technology transfer trade is about 3-5 years, or even longer. In international trade in goods, as long as the seller delivers the goods and collects payment within the time limit and method specified in the contract, and the buyer only needs to collect the goods and deliver payment within the time limit and method specified in the contract, the contract will be fulfilled. This process is relatively short.

(4) The laws applicable to international technology trade and international trade in goods are different. Many countries, especially developing countries, have formulated relevant laws and administrative regulations to strengthen the management of international technology trade. In addition to applying the provisions of civil law and contract law, international technology trade should also comply with relevant provisions of industrial property law, technology transfer law, etc., as well as relevant provisions of bilateral or multilateral treaties related to international technology trade that the country has participated in or concluded. National trade in goods mainly applies to civil law, contract law, sales law (or foreign trade law), relevant provisions of bilateral or multilateral treaties related to international trade in goods that the country has participated in or concluded, as well as a large number of practices in the field of international trade in goods.

35. Describe the main features of foreign investment legislation in developing countries.

Answer: Developing countries are basically in the position of capital importing countries, so the characteristics of foreign investment legislation are as follows:

(1) Most developing countries are trying to attract foreign investment. And promulgate a special foreign investment code or a series of special regulations. Developed countries generally do not impose a series of special regulations on foreign investment.

(2) While restricting and supervising foreign investment, the foreign investment legislation of developing countries often gives foreign investment various preferential treatment over domestic investment. This is rare in foreign investment legislation in developed countries.

(3) The recent development trend of foreign investment legislation in developing countries is to gradually relax restrictions and provide more protection and preferential treatment to foreign investment.

5. Case analysis questions (this major question has 1 sub-question, each sub-question is 15 points, ***15 points)

36. Company A of Country A called Company B of Country B on January 10, 2004: "If you want to purchase auto parts for a long time, please produce 10,000 pieces according to the samples provided by our company, with an FCA fee of US$500 per piece. Please ship this batch of goods on April 10, 2004. Delivery will be on the 20th." On January 20, 2004, Company A received a call from Company B: "I accept your call. Due to limited production capacity, delivery will be between April 25 and 30, 2004." On March 26, Company B received an email from Company A: "Please deliver the goods on the date you stated." Company B failed to deliver on time, so Company A gave it a 20-day grace period. Company A received this batch of goods on July 10, 2004. After Company A put the car equipped with this accessory on the market, Company C in Country A sued in September 2004, accusing Company A of infringing patent and trademark rights by using the above-mentioned accessory in the car produced by Company A, and demanded compensation. Company A believes that the accessories are produced by Company B in Country B, and it should not be held responsible. Company B should be held responsible. The above-mentioned countries A and B are both member states of the United Nations Convention on Contracts for the International Sale of Goods.

(1) When was the contract between Company A and Company B established and why?

Answer: The contract was established on January 26. Company B wired: "Accept your call. Due to limited production capacity, delivery can only be made from April 25 to 30, 2004. This constitutes a substantial modification and is a counter-offer. Company A wired: "Please press your request. Delivery is expected on the stated date. " is a promise.

(2) If Company B fails to deliver the goods on time, can Company A immediately declare the contract invalid and why? Can Company A exercise other rights?

Answer: No On-time delivery does not immediately invalidate the contract. There is only the possibility of rescinding the contract. The validity and invalidity of the contract are not declared by the parties, but by the court.

If Company B fails to deliver goods on time and still fails to do so after Company A gives it a grace period, B can exercise its right to terminate the contract and compensate for damages.

(3) Company C files a lawsuit for infringement of industrial property rights. Who should bear responsibility, Company A or Company B? Why?

Answer: This is a sale based on samples. If the parties to the contract do not agree on sharing the risk of being sued for infringement of intellectual property rights in the contract, then for Company C, both parties are responsible, and then the relationship between the two Then assign responsibilities.

0504

1. Short answer questions (this big question has 3 small questions, each question is 5 points, ***15 points)

1 .Briefly describe the concept and types of documentary collection. (5 points)

Answer: Collection is a payment in which the seller (exporter) issues a bill of exchange to the buyer (importer) based on the invoice amount and entrusts a bank to collect the payment from the buyer on his behalf. Way. If the relevant shipping documents must be submitted to the bank for collection together with the bill of exchange, this kind of collection is documentary collection. Depending on the conditions for presentation of documents, documentary collection is divided into document collection against payment and document collection against acceptance. Among them, D/A collection is divided into D/A collection at sight and D/A collection in future.

2. Briefly describe the general obligations of IMF member countries in terms of exchange rate arrangements. (5 points)

Answer: One of the purposes of the International Monetary Fund is to promote the stability of the exchange rates of member countries. According to the provisions of the Articles of Agreement of the International Monetary Fund (hereinafter referred to as the Fund Agreement), member countries bear the following general obligations in terms of exchange rate arrangements:

(1) Try to use their own economic and financial policies to promote The goal of orderly economic growth requires both reasonable price stability and proper care of one's own situation.

(2) Efforts to promote stability by creating orderly basic economic and financial conditions and a monetary system that does not produce abnormal chaos.

(3) Avoid manipulating exchange rates or the international monetary system to hinder the effective adjustment of the balance of payments or gain unfair competitive advantages over other member countries.

(4) Pursue a foreign exchange policy that is not inconsistent with the guarantees stipulated in Article 4, paragraph 1, of the Fund Agreement.

3. Briefly describe the main ways of international tax avoidance. (5 points)

Answer: International tax avoidance refers to the behavior of taxpayers using formally non-illegal methods to reduce or avoid their tax obligations on cross-border tax objects. (1) Transnational movement of taxpayers. (2) Cross-border movement of tax objects. (3) Capital weakening. (4) Applying tax treaties (also known as "tax treaty abuse").

2. Essay questions (this major question has 2 small questions, 15 points each, 30 points each)

1. Try to discuss "United Nations International Sales of Goods" The buyer's remedies when the seller breaches the contract. (15 points)

Answer: (1) Require the seller to continue to perform its contractual obligations.

(2) Require the seller to deliver a replacement. If the goods delivered by the seller do not meet the requirements of the contract, the buyer can require it to deliver substitutes, but three conditions must be met: first, the goods delivered by the seller seriously do not comply with the provisions of the contract, constituting a fundamental breach of contract; second, the buyer can actually collect the goods according to the requirements of the contract. The arriving goods shall be returned to their original condition; third, the delivery of substitutes shall comply with the time requirements of the Convention.

(3) Request the seller to repair the goods. The buyer may require the seller to repair the goods if repairs will bring them into compliance with the contract. The buyer must make a request for repairs within the time specified in the Convention.

(4) Declare the contract to be invalid. One condition must be met: the seller’s conduct constitutes a fundamental breach of contract.

(5) Reduce prices. Regardless of whether the price has been paid, as long as the goods do not conform to the requirements of the contract, the buyer may request a price reduction. The price reduction shall be calculated based on the ratio between the value of the actually delivered goods at the time of delivery and the then-current value of the goods that conform to the contract.

(6) Request for damages. Regardless of any of the above methods, it will not affect the buyer's claim for damages.

2. Compare the main differences between the MIGA (Multilateral Investment Guarantee Agency) system and the overseas investment insurance system of developed countries (15 points)

Answer: Both promote the cross-border flow of international investment investment insurance system. The MIGA system originates from the overseas investment insurance system of developed countries, but is higher than the latter.

(1) The underwriting institutions of the two are different: MIGA’s underwriting institution is the Multilateral Investment Guarantee Agency, while the latter’s underwriting institution is a specialized agency established by the government or a professional company designated by the state.

(2) The two have different requirements for investors: MIGA requires investors to be natural persons with the nationality of a member state other than the host country; or be registered and have a main business point in a member state other than the host country A legal person, or a legal person whose majority share capital is owned by one or more member states other than the host country or owned by its nationals, the legal person must operate on a commercial basis. The latter requires investors to have fairly close ties with the country where the underwriting institution is located.

(3) The two have different investment requirements: MIGA requires that new investments must be started after the insurance application is registered. The relevant investments must be economically rational, be able to bring good benefits to the host country, and comply with The laws and regulations of the host country are consistent with the development goals and priorities of the host country, and you can receive fair treatment and legal protection in the host country. The latter requires that the investment must be an investment that the host country has expressly agreed to accept.

(4) The two have different requirements for host countries: MIGA requires that the host country for cross-border investment flows must be a developing member country, and requires that the host country can provide fair and equal treatment and laws for insured investments in terms of investment environment. Protect. The latter requires that the country to which the investment flows must meet the conditions stipulated by it, and usually requires a bilateral investment agreement.

3. Case Analysis Questions (15 points for this major question)

1. American Company A and Chinese Company B signed an exclusive licensing contract. According to the contract, Company A licenses Company B to use its self-developed and used fast food cooking technology for many years in City S that has not been disclosed to the public (the core is the recipe for making fried chicken nuggets and hamburgers), and allows Company B to use its trademark and trademark for free. Trade name; Company B will pay Company A US$100,000 within 30 days after signing the contract, and will pay Company A 5% of its sales every month as technology transfer fees. Company B's fast-food restaurant was booming in the first six months after it opened. Soon, Company B discovered that four similar fast food restaurants had opened in City S. These restaurants used different trademarks and trade names, but the food they provided was almost exactly the same as that provided by Company B, mainly fried chicken nuggets and hamburgers. Business varieties. Due to the cheap prices of these fast food restaurants, the sales of Company B's fast food restaurants dropped rapidly. Company B sent a letter to Company A, accusing the technology it provided of lacking novelty and originality, and accordingly requested to terminate the contract and compensate for losses.

(1) Is the technology transferred by Company A a patented technology or a proprietary technology? Why?

Answer: The technology transferred by Company A is a proprietary technology. Proprietary technology refers to a kind of specialized technical knowledge and experience that has been formed in long-term production practice and is necessary for engaging in production activities. It has never been disclosed to the society and is transferable but has not been protected by patent rights. It can include a Or technical knowledge based on several specific formulas, processes or product design solutions. The formula transferred by Company A to Company B in this case is a proprietary technology, not a patented technology. Because patented technology is a public technology that the national competent authority grants the inventor or designer exclusive rights to his invention and creation in accordance with the law, the formula in this case does not have this feature.

(2) If the other four fast food restaurants legally obtain the same formula from other companies, does Company A violate Company B’s obligation to exclusively use the licensed technology in City S? Why?

Answer: Company A does not violate Company B’s obligation to exclusively use its transferred technology in City S. Company A licenses Company B to use proprietary technology. Proprietary technology is technology and experience that is kept secret by the owner and has de facto exclusive rights. As long as other people obtain this technology legally, the law does not prohibit them from using it. The same technology as the owner (owner) of the proprietary technology.

The licensing contract in this case does not involve other fast food restaurants legally acquiring the technology from someone else.

(3) If the other four fast food restaurants obtained technology licenses from Company A but did not use Company A’s trademark and trade name, did Company A violate its obligations agreed with Company B? Why?

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Answer: Company A violated its obligations agreed with Company B. The licensing contract between Company A and Company B is an exclusive licensing contract, that is, within a certain region and period, only the transferee has the right to use the transferred technology. Licensor can neither use it itself nor license the licensed technology to third parties. Company A assumes the exclusive licensing obligation of proprietary technology. This obligation has nothing to do with trademarks or trade names. Therefore, regardless of whether other fast food restaurants use the same trademark or trade name, Company A has violated its exclusive licensing obligations.

(4) Can Company B request to terminate the contract on the grounds that the licensed technology lacks novelty and originality? Why?

Answer: No. What Company B obtained for licensing was proprietary technology, which did not require novelty and originality, but had to be undisclosed and of commercial value

0404

1. Brief Answer the questions (this major question has 3 small questions, each question is 5 points, ***15 points)

1. Briefly describe the basic methods of international technology transfer (5 points)

Answer: There are two basic ways of international technology transfer: one is non-commercial technology transfer. It mainly refers to technology transfer between countries or between countries and international organizations by signing economic and technological cooperation agreements. It is free of charge. One is commercial technology transfer. It is commonly referred to as international technology trade. Has paid characteristics. Specifically, there are two main ways: one is technology trade; the other is technology investment.

2. Describe the concept and characteristics of Special Drawing Rights. (5 points)

Answer: The Special Drawing Right is a right to use funds allocated by the Fund according to the proportion of each member country’s subscribed quota. It is a use of funds by member countries in the Fund’s account. An artificial asset represented by a number. Its characteristics are: (1) After a member country is allocated the Special Drawing Rights, it does not need to pay any other funds to the IMF; (2) Member countries can use the Special Drawing Rights unconditionally when needed; (3) The Special Drawing Rights The rights to the funds belong to the member states on a long-term basis.

3. How does my country’s arbitration legislation reflect the characteristics of combining arbitration and mediation? (5 points)

Answer: my country's "Arbitration Law" reflects the characteristics of combining arbitration and mediation, which are reflected in: (1) The arbitral tribunal can mediate before making an award; (2) The parties If mediation is voluntary, the arbitral tribunal shall mediate. If mediation fails, an award shall be made in a timely manner; (3) If an agreement is reached through mediation, the arbitral tribunal shall make a mediation statement or an award based on the results of the agreement; (4) Mediation statement and award Have the same legal effect.