Technology Transfers in China
Caroline Berube, managing partner of Alliott Group law firm member firm HJM Asia Law & Co LLC in Guangzhou, China, provides an introduction to technology transfer issues in China.
Although actively trying to develop its own technology, the People’s Republic of China (the “PRC”, or simply “China”) also recognizes the need to import technology from overseas.
Technology transfer is taking place everywhere in China. The Chinese government adopts various measures to benefit from the technology transfer while limiting the possible negative effects. The technologies restricted for transfer into China may be transferred in China subject to a series of approval procedure, and the technologies which are encouraged to be transferred into China are subject to registration.
A foreign party wishing to transfer technology into China must be aware of the restrictions and obligations discussed above, and should take note that a confidentiality or non-disclosure agreement should always be entered into in the initial stages of negotiations for such technology transfer. A foreign transferor should also note that the onerous obligations on the provision of technology which appear to favor the transferee are not always concrete and can be subject to such confidentiality or non-disclosure agreement.
Please click the 'Download Document' for further information on Technology Transfers in China or contact Caroline Berube cberube@hjmasialaw.com
Article Date: 8th March 2010
Bookmark Using:
