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Archived updates for Wednesday, August 04, 2004

Post-WTO Technology Transfer in China

According to the August 2, 2004 issue of Lehman Lee & Xu's "China Information Technology Law Newsletter," several transferor requirements for technology transfer in China have survived from the pre-WTO scheme:
1) The transferor is required to warrant that he is the lawful owner of the technology provided, or that it has the right to assign or license such technology.

(2) The transferor is required to warrant that the supplied
technology is complete, accurate and effective, capable of reaching the technical goals agreed upon between the parties

(3) The transferor is prohibited from unreasonably restricting
the export channels for products produced by transferee's using the technology imported.

There advice : "Exercise due diligence in negotiating technology import
contracts, so that existing and new regulatory and contractual risks are taken into account and properly addressed in the contracts."
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