Are there any restrictions on the transfer of technology and know-how to Chinese nationals?

Yes, there are restrictions on the transfer of technology and know-how to Chinese nationals in New Jersey. According to the China Business Ventures Law, the transfer of any technology or know-how to Chinese nationals must first be approved by the New Jersey Division of Professional Regulation. This approval is only granted if the transfer is found to be in the public’s best interest, and does not involve any challengeable or misappropriated intellectual property rights. In addition, any agreement between the Chinese national and the business venture in New Jersey must include a clause that prevents the unauthorized and illegal use of any technology or know-how, and must agree not to transfer any information disclosed by the business venture to a third party. The business venture must also require that the Chinese national sign a Non-Disclosure Agreement and comply with privacy laws in both the United States and China. When transferring any technology or know-how to a Chinese national, businesses and venture capitalists must also be aware of any applicable restrictions imposed by the Chinese government. It is important to make sure that any transfer is conducted legally and above board, as failure to adhere to the applicable laws and regulations can result in serious criminal and financial penalties.

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