Intellectual Property – PRC – LICENSING

PRC – LICENSING

 

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

 

Under this Regulation, “technology import” meansPRC-Licensing

– 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.