Registering Technology Import Contracts In China: The How And The Why

Technology import contracts are contracts that involve the import of technology ("Technology Import Contract" or "Contract") and include standard intellectual property rights licence contracts, technical service contracts, technical consultancy agreements and cooperative contracts for development, production and/or research. Agreements involving cross-border research and development that lead to the import of technology are also generally regarded as Technology Import Contracts.

1. Import Control on Technology

The import of technologies is subject to control of the State and such imports are categorised into three categories: prohibited, restricted and freely imported.

The PRC Ministry of Commerce ("MOC") publishes list of prohibited and restricted imported technologies and updates it on a regular basis. Technology that does not fall within the list is deemed to be freely imported technology.