What are the rules and regulations governing the transfer of technology in China?
Transfer of technology in China is governed by the China Business Ventures Law (CBVL). This law outlines the rules and regulations that foreign companies must follow when sharing intellectual property and technology with Chinese partners or investors. Under the CBVL, all technology transfers in China must be reported to the Ministry of Commerce (MOFCOM). This includes any information, technology, or data that will be transferred to a Chinese partner or investor. Foreign businesses must also submit a technology transfer contract that outlines the terms and conditions of the transfer. The CBVL also requires foreign companies to comply with Chinese patent, trademark, and copyright laws when transferring technology. All foreign companies must get approval from the State Administration for Industry & Commerce (SAIC) before transferring the technology. In addition, the CBVL prohibits the transfer of any technology that would compromise Chinese national security. This includes any technology related to nuclear weapons, military, or defense. Foreign companies must also obtain approval from the State Council for any technology that could have an environmental impact. Overall, the rules and regulations governing technology transfer in China are designed to protect Chinese national security, preserve intellectual property, and limit the potential environmental impacts of such transfers.
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