bodyliu |
2009-09-25 14:01 |
英文报告也发给你吧,或许有用:
Overview of Legal Requirements on Technology Import
According to the applicable laws of China, it is regarded as technology import if the transaction of transfer technology from outside of China to inside of China by the ways of trading, investment or economic technology cooperation, including transfer of patent copyright, transfer of patent application right, patent implementation license, transfer of technology secrets, technology service and other technology import by other means (like consultation, training, technology cooperation, etc.). The contracts contained the aforesaid contents are technology import contracts like patent transfer contracts, patent application right transfer contracts, technology implement license contract, technology secret license contract, technology service contract, consultation, training or cooperative development contract and other contracts contained technology import contents.
Since the Technology Import Contract Management Regulations of PRC published by the State Council on May 24th 1985, the management of technology import contracts in China experienced three stages:
(1) from May 24th 1985 to March 22nd 1996, the approval system is applied to technology import contracts, i.e. technology import contracts become effective upon the approval of the Examination and Approval authority, and the Examination and Approval authority issued a Technology Import Approval Certificate;
(2) from March 22nd 1996 to January 1st 2002, the registration system is applied to technology import contracts, i.e. technology import contracts become effective upon the registration of the Examination and Approval authority, and the Examination and Approval authority issued a Technology Import and Equipment Import Effective Registration Certificate;
(3)since January 1st 2002, the new Technology Import and Export Management Regulations and the new Technology Import and Export Contracts Registration Management Method have come into force. Chinese government starts to manage technology import by categories: if it is a kind of technology which is prohibited to be imported, then it cannot be imported; if it is a kind of technology which is limited to be imported, then it is subject to approval, and without approval it cannot be imported; except for the aforesaid prohibited and limited technology, other technology can be imported without any limitation. To the technology imported without limitation, the contract approval and registration system has been canceled and the contract registration management is implemented , and the contract becomes effective upon execution rather than at the time of registration. |
|