Legislation roundup: Company Law, technology transfer and intellectual property
May 02, 2019 | BY
Susan MokPeople's court allows share transfer to resolve shareholder disputes, government officials may not require technology transfers in granting administrative permissions and technical investigators may be assigned in IP litigation cases.
Company Law
Supreme People's Court, Provisions on Several Issues Concerning the Application of the <PRC Company Law> (5)
If the shareholders of a limited liability company achieve a consensus through consultations on resolving a material disagreement by any of the methods set forth below, the people's court shall support the same if it does not violate mandatory provisions of laws or administrative regulations:
(1) the company buys back the shares of certain of the shareholders;
(2) another shareholder acquires the shares of certain of the shareholders;
(3) a third party acquires the shares of certain of the shareholders;
(4) the company reduces its capital; or
(5) the company is divided.
See the full translation.
Further reading
Technology Transfer
PRC Administrative Permissions Law (Revised)
An administrative authority or its working personnel may not set the transfer of technology as a condition for securing an administrative permission, or, in the course of according such an administrative permission, directly or indirectly require a technology transfer.
See the digest for more details.
Further reading
Intellectual Property
Supreme People's Court, Several Provisions on the Participation in the Litigation Activities in Intellectual Property Cases by Technical Investigators
When a people's court hears a highly technical intellectual property case, such as one involving a patent, new plant variety, integrated circuit layout design, technical secret, computer software or monopoly, it may assign technical investigators to participate in the litigation activities.
Further reading
This premium content is reserved for
China Law & Practice Subscribers.
A Premium Subscription Provides:
- A database of over 3,000 essential documents including key PRC legislation translated into English
- A choice of newsletters to alert you to changes affecting your business including sector specific updates
- Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
Already a subscriber? Log In Now