No Trade Is Free by Robert Lighthizer

Author:Robert Lighthizer
Language: eng
Format: epub
Publisher: HarperCollins
Published: 2023-05-03T00:00:00+00:00

The technology transfer chapter prohibits China from employing a range of formal and informal acts, policies, and practices to force or pressure US companies to turn over their technology and intellectual property. These obligations apply not only to the central government in China but also to provincial and local governments where problems have frequently arisen in the past. Specifically, the chapter includes commitments by China not to:

Impose technology transfer requirements as a condition for obtaining market access, administrative approvals, licenses, or any benefits or advantages such as tax credits or subsidies.

Require or pressure US companies to transfer technology to Chinese companies or individuals in connection with acquisitions, joint ventures, or other investment transactions.

Require or pressure US companies to use or favor Chinese technology as a condition for granting market access, licenses, administrative approvals, or any other advantage, because these practices had led to US companies’ transferring their technology to Chinese joint venture partners so that the technology could qualify as local or indigenous.

Force or pressure US companies to accept adverse, non-market terms for the licensing of their technology.

Support or direct Chinese companies or individuals in making investments to acquire foreign technology in support of China’s industrial plans.

Require or pressure US companies to disclose sensitive technical information, including trade secrets and other confidential business information, if the information is not necessary to show conformity with administrative or regulatory requirements.

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