Intellectual Property – 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.