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

In Washington, the transfer of technology and know-how to Chinese entities is regulated by the China Business Ventures Law. This law sets forth specific requirements for the export of knowledge, expertise, and technology from Washington to China. It requires that the transfer be done on terms that are “fair and reasonable” and that any proposed transfer is “in the public interest.” The law requires that those seeking to export technology to China be mindful of protecting trade secrets and intellectual property. It also requires that those transferring technology adhere to certain standards regarding the licensing of technology, know-how and intellectual property rights. These standards mandate that any agreement must clearly define the rights and responsibilities of all parties and that adequate compensation must be sought and received in exchange for the technology. Additionally, the law prohibits the transfer of certain technologies that are particularly sensitive. These technologies include those that can be used for weapons, espionage, or other activities that are deemed to be of threat to national security. As such, it is important to ensure that all parties understand the nature of the technology being exported and the potential implications of its transfer before entering into an agreement. Finally, the law requires that the terms of the transfer, including pricing and compensation, are clearly and accurately stated in the agreement. This is to ensure that these terms are fully understood and both parties are given the opportunity to meaningfully negotiate.

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

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