What are the rules and regulations governing the transfer of technology in China?

The transfer of technology in China is governed by a variety of different laws and regulations. The main law that governs technology transfers in China is the ‘Rules for the Implementation of the Law on Technology Transfer’. This law was created in 2013 by the Ministry of Science and Technology and sets forth the basic procedures and requirements for entering into technology transfer agreements in China. It requires that any transfer of technology must be conducted in accordance with the provisions of the rules, and that all parties involved must abide by the law. Furthermore, any foreign company that is transferring technology to China is expected to abide by the ‘National Guidelines on Foreigners’ Technology Transfer to China’. This document outlines the requirements that foreign companies must meet in order to transfer technology into China. These requirements include obtaining approval from the Ministry of Science and Technology, setting up a Chinese subsidiary to facilitate the transfer, and filing certain information with the Chinese government. In addition to these laws and regulations, companies that are entering into technology transfer agreements with Chinese companies must also abide by the ‘China Foreign Investment Law’. This law outlines certain restrictions on foreign investment in China, such as the prohibition of certain types of investments, restrictions on the transfer of certain kinds of technology, and restrictions on the use of certain technologies by foreign companies in China. Overall, China has put in place a variety of different rules and regulations to regulate the transfer of technology in the country. Companies that wish to transfer technology to China must understand and abide by these regulations in order to ensure the successful transfer of the technology.

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