外商投资中的工业产权和专有技术入股或合作问题

Issues Relating to Industrial Property and Know-how as a Form of Foreign Investment for Shareholdership and Partnership

依据我国有关外商投资的法律,合营或合作方可以用工业产权或专有技术出资或合作。但从目前的立法及法律实践看,立法者和执法者似乎并未完全理解以工业产权或专有技术入股或合作的涵义,以至在法律规定及其实践中存在一些模糊乃至错误的认识。本文旨在对此发表一些看法。

Pursuant to the relevant Chinese law on foreign investment,a party of a joint venture or a partner may make its contribution in the form of industrial property or know-how. However,as is shown in the present legislation and legal practice,it seems that legislators and law enforcement officials do not thoroughly understand what the shareholdership or partnership in the form of industrial property or know-how really means.As a result,confusion and even misconception still exist about the law and regulations and legal practice.This paper is intended to present some of my views on the issues.