问题 单项选择题

某中外合资经营企业经企业主管部门审查同意,并报经审批机构批准,与外国某公司签订了技术转让协议,根据我国《中外合资经营企业法》的规定,该协议中可包含下列哪个条款()

A.双方达成协议,作为技术输出方外国公司要求技术输入方该中外合资经营企业不得向国外出口使用该技术生产的产品

B.技术转让协议约定的协议有效期限为20年

C.技术转让协议期满后,经该外国公司同意,该合资企业可以继续使用该项技术,技术使用费在现在的基础上折半

D.该外国公司要求该合资企业在同等条件下购买它生产的机器设备、零部件和原材料

答案

参考答案:A

解析:根据《中外合资经营企业法实施条例》第43条第2款规定,技术转让协议必须符合以下规定:(一)技术使用费应公平合理。一般应采取提成方式支付。采取提成方式支付技术使用费时,提成率不得高于国际上通常的水平。提成率应按由该技术所生产产品的净销售额或双方协议的其他合理方式计算。(二)除双方另有协议外,技术输出方不得限制技术输入方出口其产品的地区、数量和价格。(三)技术转让协议的期限一般不超过十年。(四)技术转让协议期满后,技术输入方有权继续使用该项技术。 (五)订立技术转让协议双方,相互交换改进技术的条件应对等。(六)技术输入方有权按自己认为合适的来源购买需要的机器设备、零部件和原材料。(七)不得含有为中国的法律、法规所禁止的不合理的限制性条款。因此,选项BCD均是禁止的条款。

单项选择题
单项选择题

New tectmology links the world as never before. Our planet has shrunk. It’s now a "global village" where countries are only seconds away by fax or phone or satellite link. And, of course, our ability to benefit from this high-tech communications equipment is greatly enhanced by foreign language skills.
Deeply involved with this new technology is a breed of modem business people who have a growing respect for the economic value of doing business abroad. In modem markets, success overseas often helps support domestic business efforts.
Overseas assignments are becoming increasingly important to advancement within executive ranks. The executives stationed in another country no longer need fear being "out of sight and out of mind." He or she can be sure that the overseas effort is central to the company’s plan for success, and that promotions often follow or accompany an assignment abroad. If an employee can succeed in a difficult assignment overseas, superiors will have greater confidence in his or her ability to cope back in the United States where cross-cultural considerations and foreign language issues are becoming more and more prevalent.
Thanks to a variety of relatively inexpensive communications devices with business applications, even small businesses in the United States are able to get into international markets.
English is still the international language of business. But there is an ever-growing need for people who can speak another language. A second language isn’t generally required to get a job in business, but having language skills gives a candidate the edge when other qualifications appear to be equal.
The employee posted abroad who speaks the country’s principal language has an opportunity to fast forward certain negotiations, and can have the cultural insight to know when it is better to move more slowly. The employee at the home office who can communicate well with foreign clients over the telephone or by fax machine is an obvious asset to the firm.

The advantage of employees having foreign language skills is that they can ______ .

A.better control the whole negotiation process

B.easily find new approaches to meeting market needs

C.fast-forward their proposals to headquarters

D.easily make friends with businesspeople abroad