Changes to the Registration System of Technology Transfer Contracts in China

Co-written by Agnes Wong, Consultant, Johnson Stokes & Master

Originally published in March 2002

Summary

In the past, all technology transfer contracts had to be registered before they were legally enforceable in the PRC. However, according to the new regulations on technology import and export which came into effect on 1 January, 2002, a new category of technology, the import or export of which does not require the approval of the Ministry of Foreign Trade and Economic Co-operation ("MOFTEC"), was created.

Full Article

The PRC Administration of Technology Import and Export Regulations ("Regulations") and the Technology Import and Export Contract Registration Management Rules ("Rules") were promulgated last December and became effective on the 1 January, 2002. Technology is categorized into prohibited, restricted and freely transferable. The Catalogue of Prohibited and Restricted Export Technologies and the Catalogue of Prohibited and Restricted Import