New SPC Interpretation Fleshes Out Key Issues in Technology Contracts
January 31, 2005 | BY
clpstaff &clp articlesA recent Supreme People's Court interpretation on disputes over technology contracts has made some important revisions to practices in a crucial developing area that affects foreign investment and trade with China.
By Yang Xun, Kaye Scholer LLP, Shanghai
On December 16 2004, the Supreme People's Court promulgated the Several Issues Regarding the Application of Laws in Hearing Technology Contract Disputes Interpretation (the Interpretation), which became effective January 1 2005. The Interpretation sets forth detailed rules for settling disputes arising out of or in connection with technology development contracts, technology assignment, or licensing and technology services contracts (collectively, Technology Contracts) by interpreting relevant provisions of the PRC Contract Law (the Contract Law), the PRC Patent Law (the Patent Law), and the PRC Civil Procedure Law (the Civil Procedure Law).
Definition of Technological Achievements
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