What regulations apply to the transfer of technology and know-how to Chinese entities?
In Maryland, technology and know-how transfer to Chinese entities are subject to the Maryland China Business Ventures Law. This law requires that the transfer of technology and know-how to Chinese entities be approved by the Maryland Department of Business and Economic Development or its delegate. The criteria for approving such transfers are based upon a determination that the Chinese entity will not use the transferred technology or know-how for any purpose that would threaten the security or economic interests of the United States. In addition, the Chinese entity must provide evidence that the technology or know-how will be used solely for legitimate business purposes. Furthermore, the technology or know-how transferred to a Chinese entity is subject to restrictions and limitations imposed by the Chinese government. The technology or know-how must also be compliant with applicable U.S. laws and regulations, and the Chinese entity must ensure that all confidential information disclosed is subject to appropriate security measures. Finally, the transfer of technology or know-how to Chinese entities must also be approved by the Chinese government, and the Chinese entity receiving the transfer must be approved by the Chinese government to receive such technology or know-how. These regulations are imposed to ensure that the technology or know-how is not used in a manner that is detrimental to U.S. security interests or economic interests.
Related FAQs
What laws apply to corporate governance in China?How are disputes between foreign investors and Chinese companies resolved?
How is corporate social responsibility regulated in China?
What are the rules governing the formation and operation of a representative office in China?
What is the legal process for registering a trademark in China?
What is the process of de-registering a business in China?
What are the different types of business entities available to operate in China?
What are the labour laws applicable to business ventures in China?
What agreements and documents are needed to enter into a joint venture in China?
How can I protect my intellectual property rights in China?
Related Blog Posts
Exploring China's Business Ventures Law: Understanding the Complexities - July 31, 2023Lawyers as Advisors for China's Business Ventures: How to Maximize Value - August 7, 2023
Navigating the Unique Challenges of China Business Ventures: Legal Considerations - August 14, 2023
Evaluating Risks & Opportunities in China Business Ventures: What to Know - August 21, 2023
Claims and Litigation in China Business Ventures: Strategies for Success - August 28, 2023