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Weining, Zou --- "Legal Issues Regarding Contracts of Technology Import: A Chinese Lawyer’s Perspective" [2007] ELECD 206; in Torremans, Paul; Shan, Hailing; Erauw, Johan (eds), "Intellectual Property and TRIPS Compliance in China" (Edward Elgar Publishing, 2007)

Book Title: Intellectual Property and TRIPS Compliance in China

Editor(s): Torremans, Paul; Shan, Hailing; Erauw, Johan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845428754

Section: Chapter 10

Section Title: Legal Issues Regarding Contracts of Technology Import: A Chinese Lawyer’s Perspective

Author(s): Weining, Zou

Number of pages: 9

Extract:

10. Legal issues regarding contracts of
technology import: a Chinese
lawyer's perspective
Zou Weining*

INTRODUCTION
After China's accession to the WTO, in order to honour the commitments
undertaken upon accession, the Chinese government has amended a series of
laws and regulations according to WTO rules and international customs. This
chapter will discuss some issues regarding contracts of technology import
from a Chinese lawyer's perspective, based on experiences the author gained
from providing legal services in relation to such contracts.


I THE EVOLUTION OF CHINESE LEGISLATION ON
TECHNOLOGY IMPORT AND THE CURRENT LEGAL
ENVIRONMENT
Until 1 January 2002, there had been an approval system for contracts of tech-
nology import that entered into effect in accordance with the Regulation on the
Administration of Contracts of Technology Import enacted by the State
Council in 1985.1 The approving authority, the Ministry of Foreign Trade and


* Partner, Jun He Law Office (Beijing).
1 Article 4 of the Regulation on the Administration of Contracts of Technology
Import provides that: `The recipient and the supplier shall conclude in written form a
technology import contract (hereinafter referred to as "the contract"). An application
for approval of the contract shall be submitted by the recipient, within thirty days from
the date of conclusion, to the Ministry of Foreign Trade and Economic Cooperation of
the People's Republic of China or any other agency authorized by the Ministry (here-
inafter referred to as "the approving authority"). The approving authority shall approve
or reject the contract ...