Transferring technology to China is a task that requires a great deal of initial planning from a business and legal standpoint. Chinese law differs greatly from US law in this area. Transferring technology to China is regulated by the Ministry of Foreign Trade and Economic Cooperation (MOFTEC). All technology transfer agreements have to be approved by MOFTEC.

Devising a method to protect your technology or trade secrets will be a key business issue to resolve. More likely, you will have to rely on your partner to notify you of any breaches of your Intellectual Property (IP) rights in China. So again, choosing the right partner is important to all phases of your business venture in China.

If, for some reason, you do not have a patent in China, you must determine whether you will be infringing upon someone else's patent. Alternatively, there may be other options available for applying for a patent in China, that we can assist you with.