PRC - LICENSING

PRC Technology Import and Export Regulations came into effect in January 2002.

Under this Regulation, "technology import" means

-           Patent licenses and transfers

-           Transfer of patent application rights

-           Technical services

-           Transfer of trade secrets

-           Other types of technology transfer

The Regulations require :

-           the agreement be in writing

-           and that PRC Intellectual Property Laws are complied

-           Commerce department's approval or registration is necessary

The law classify technology into 3 categories : 

-           prohibited

-           restricted

-           unrestricted

and that some module clauses in the agreements are

-           prohibited

-           restricted

-           mandatory

Licenses improvement in the technology will be regarded as licensee's right, and not licensor's right.

In drafting PRC license agreement, please contact us.