What regulations apply to the transfer of technology and know-how to Chinese entities?

In Florida, businesses seeking to transfer technology or know-how to Chinese entities must adhere to several regulations under China Business Ventures Law. Primarily, they must be aware of the foreign direct investment (FDI) restrictions, which generally limit the amount of foreign ownership of certain Chinese businesses. For technology transfers, companies must adhere to the Chinese government’s Technology Import Regulations and Rules (TIER), which implements a three-tier system for the evaluation of technology transfers from foreign entities. Additionally, companies engaging in technology transfers must also adhere to the Industrial Security Rules (ISR). This law requires companies to take special measures to protect sensitive information or technology from unauthorized access or use by third parties. Companies must also comply with the Foreign Investment Law (FIL), which outlines the foreign ownership requirements for certain investments and transfers. Finally, businesses in Florida must also be aware of the Chinese government’s Patent Law, which governs the transfer of inventions and know-how from foreign entities. This law requires foreign entities to register all inventions or know-how prior to transfer, and failure to do so can result in civil or criminal penalties. Due to the complex nature of these regulations, businesses interested in engaging in technology transfers or know-how transfers to Chinese entities should seek the assistance of experienced legal counsel to ensure compliance.

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What regulations apply to the transfer of technology and know-how to Chinese entities?

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