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Briefly describe the provisions of TRIPs on technology licensing.

Answer: The TRIPs Agreement provides for technology licensing issues in many places.

First, Section 8 specifically provides for the control of anti-competitive behaviors in agreement licensing. First, it is recognized that anti-competitive licensing practices or conditions regarding intellectual property rights may have adverse effects on trade and impede the transfer and diffusion of technology. Second, a country is allowed to pass legislation specifying licensing practices or conditions that under certain circumstances may constitute an abuse of intellectual property rights and adversely affect competition in the relevant market. Exclusive grant-back licenses that prevent objections to validity and forced blanket licenses are expressly prohibited. and finally, the consultation process among members. If a national of a Member or a person domiciled in that Member engages in or is alleged to have engaged in conduct in the territory of another Member that violates the practices or regulations of the latter Member in relation to restrictions on competition, the latter Member shall consult with the former Member upon request. The requested member shall be given full positive consideration and opportunity.

Second, Article 31 provides for government compulsory licensing of patents. The TRIPs Agreement allows member governments to implement compulsory licensing in two situations: first, compulsory licensing is implemented when the country is in a state of emergency; second, if a user applies to the patent owner to use the patent and is willing to pay reasonable remuneration, But he couldn't get permission for a long time. When implementing compulsory licensing, members must comply with three conditions: first, reasonable remuneration to the patent owner; second, the main purpose of implementing the patent is to meet domestic market demand, not for export; third, the use of patented technology Only to the extent necessary and within the time limit.

Third, Article 31 provides for the licensing and transfer of trademarks. Each member can determine the conditions for the licensing and transfer of trademarks, but compulsory licensing of trademarks is not allowed, and the owner of a registered trademark has the right to transfer the trademark simultaneously or non-simultaneously with the business to which the trademark belongs.