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Law in the Global Marketplace: Intellectual Property and Related Issues

Law in the Global Marketplace: Intellectual Property and Related Issues. Technology Transfer, Licensing and Trade Secret Protection in China. Hosted by:. Technology Import – Still Big Business!.

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Law in the Global Marketplace: Intellectual Property and Related Issues

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  1. Law in the Global Marketplace: Intellectual Property and Related Issues Technology Transfer, Licensing and Trade Secret Protection in China Hosted by:

  2. Technology Import – Still Big Business! * China Statistical Yearbook on Science and Technology (2007-2014), National Statistics Bureau & Ministry of Science and Technology

  3. Technology Import – Still Big Business! USD (Billion) 94.76% 84.72% 85.22% 86.56% * China Statistical Yearbook on Science and Technology (2007-2014), National Statistics Bureau & Ministry of Science and Technology

  4. Technology Trade • China wants to increase total transaction amount of technology contracts from $130 billion in 2013 to $330 billion in 2020 • China has expressed desire to increase licensing export revenue from $1.36 billion in 2013 to $8 billion in 2020

  5. PRC Technology Import & Export Regulations • Regulations of the PRC on the Administration of Technology Import and Export (effective 1 January 2002) • Technology transferred from outside China into China or visa versa by way of trade, investment, or cooperation • Assignment and licensing of patent rights • Assignment and licensing technical know-how • Provision of technical services • Catch-all: “transfer of technology by other means”

  6. Technology Categories Prohibited technologies No import/export under any circumstances Restricted technologies Approval by MOFCOM Permitted technologies Registration with MOFCOM

  7. Warranty of Technology Quality The assignor to a technology import contract shall ensure the technology it supplies is complete, accurate, effective and capable of achieving the agreed technical objective.(Technology Import & Export Regulations, Article 25)

  8. Liability for Third-Party Infringement Where the assignee to a technology import contract is accused of infringement by a third party for using the technology supplied by the assignor in accordance with the contract, the assignee shall immediately notify the assignor; the assignor, upon receipt of such notification, shall assist the assignee in removing the impediment. Where the assignee to a technology import contract infringes upon another party's lawful rights and interests by using the technology supplied by the assignor in accordance with the contract, the assignor shall bear the liability therefore. (Technology Import & Export Regulations, Article 24)

  9. Access to Improvements • Contract invalid if restricting improvement or use of improvement • Terms not equitable if: • Grant back of improvement without compensation • Non-reciprocal transfer of improvement • Sole or joint ownership of improvement without compensation

  10. Trade Secret Protection Operational information 经营信息

  11. Thank you! Questions?

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