China Tightens IP Transfer to Secure Transparent Business Environment

2018/04/02

With the aim to build a more fair and transparent regulation process for technology exports and foreign investment, China has issued a guideline tightly reviewing the transfer of intellectual property rights to overseas buyers. The proposed IP transfers will be reviewed if they involve patent rights, exclusive rights to layout designs of integrated semiconductors, software copyrights, or rights to new plant varieties. According to the guideline released on March 29, Chinese companies and individuals have the right to transfer their IP to overseas enterprises, individuals or groups. IP transfers will be reviewed if they appear to affect national security or the country's core technology in key fields. Regulating IP transfers involving national security complies with international rule and practices, citing the WTO's Agreement on Technical Barriers to Trade, which gives recognition to all members to protect legitimate interests according to their own regulatory autonomy.

Source: China Daily