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Equity Joint Ventures In China: New Legal Framework, Continuing Questions, Stanley B. Lubman
Equity Joint Ventures In China: New Legal Framework, Continuing Questions, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
Foreigners participating in equity joint ventures in the PRC since such investments were authorized in 1979 have encountered a variety of problems. New legal institutions have been established to provide a framework for joint ventures but their reach and interpretation of the new rules in practice are still often uncertain. Changes in policy have affected, and will continue to affect, the operation of both joint ventures and the new legal rules. Potential investors need contractual protection against changes in laws, regulations and policies which may affect the joint venture. Some specific issues of importance to foreign investors in China include …
Technology Transfer In China: Policies, Practice And Law, Stanley B. Lubman
Technology Transfer In China: Policies, Practice And Law, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
The legal and practical aspects of technology transfer are of increasing importance as China's international economic relations expand. Chinese legislation on aspects of such transfers are beginning to appear and this paper discusses relevant regulations particularly the Technology Import Contract Regulations of May 1985. Practical issues include Chinese interest in up-to-date technology and comprehensive technical documentation, valuation of the technology to be transferred, payment terms, the terms and costs of technical training, and acceptance tests of the products manufactured using the transferred technology. Patent infringement and protection of proprietary information are also issues of concern to companies involved in technology …