This is from Susan Finder via the Chinalaw listserve:
Practical Law China has prepared a brief survey on choice of governing law in China-related contracts. Practical Law China would be very grateful if you could take a bit of time to complete the survey. It will share the results of the survey. Here is a direct link to the survey http://practicallaw.chinagoverninglaw.sgizmo.com/s3/.
My take: This is one of the issues that I think is under-studied involving IP and tech transfer to China. It has been my suspicion that many foreign licensors of technology may choose foreign law in order to avoid onerous provisions of China’s tech transfer regime that restrict grant backs of improvements and mandate access to foreign markets. In addition, it appears that Chinese courts may not always honor foreign choice of law contracts. This is an initial step in further understanding how choice of law issues are handled.
By the way, Susan also hosts the Supreme People’s Court blog – http://supremepeoplescourtmonitor.com/, which is an excellent resource.
Categories: China IPR