The Role and Value of Lawyers in Cross-border Technology and Intellectual Property Transfer Projects

Human innovations should benefit all mankind, which is the original intention of the intellectual property system. Cross-border technology transfer is an important way to achieve this intention. Cross-border technology transfer involves in-depth coordination of the interests of both parties based on markets and technology patterns under different legal systems. It requires the attorney to have excellent legal skills, in-depth understanding of the industry and superb communication skills.

In the following cases that China-Europe steel furnace roof technology transfer project and AMD transferred its x86 CPU and GPU technologies Chinese companies, representing both Chinese companies as chief counsel, Beijing Wis & Weals Law Firm successfully helped clients to achieve cross-border technology transfer and achieved good commercial results. Based on both typical cases, we discuss the operational focus and difficulties in the Chinese and foreign technology transfer projects.  

I. Large-scale cross-border technology and intellectual property transfer projects need real win-win results

The characteristics of this project: it was initiated in the early stage of China's reform and opening, it has a long history, it involves complex technology and huge amount of money, and it has brought about significant impact on the iron and steel industry.

Lawyers engaged in such cross-border technology and intellectual property transfer projects should first be well positioned: on the one hand, they, representing the interests of the clients, should strive to maximize the interests of the clients; on the other hand, to ensure the smooth and stable implementation of such projects, they should consider national policies, the concerns of technology providers, and many other aspects of such projects.

In conclusion, a win-win results are what such projects should truly achieve through the design of legal framework, business negotiations or otherwise, while seeking to achieve some micro and macro goals.

II. For problems arising in cooperation, we should give priority to the constructive goals, and "negotiations" and "lawsuits" are means rather than purposes.

Such technology transfer projects involve not only legal issues, but also complex technical, intellectual property and industry issues.

Due to the rapid development of the Chinese industry, the appearance of some problems caused by objective situations is common in the long-term cooperation. However, regardless of the types of the problems, the solutions should be sought for the sake of the optimal win-win results, rather than in the sole interest of a single side.

If the problems are acute, "negotiations" will inevitably come with "lawsuits". However, "negotiations" and "lawsuits" are means only, and the goal is to achieve win-win results. This is a directional and strategic issue that lawyers should pay special attention to in handling such complicated issues.

Therefore, to consider the maximum interests of clients, win-win results, constructive long- and short-term interests, local and global interests, and other factors in respect of cross-border technology and intellectual property transfer projects, is not only a test of lawyers' professional skills, but also a test of their familiarity with the industry, their understanding of national policies, and their wisdom in grasping the big picture of the industry.

This is a relatively complex cross-border technology and intellectual property transfer project involving a large amount of transfer price, aiming at deeper business cooperation between the two sides in the CPU field in a mutual-benefit and win-win manner, to promote the long-term development of both sides.

Such technology transfer projects involve not only legal issues, but also intellectual property issues. The closing and successful implement of such projects largely depends on the deep understanding of relevant technologies and product markets by the parties concerned, as well as on the efforts to seek common ground for cooperation among all parties based on their concerns arising from the long-term mutually beneficial cooperation in the industry.

Meanwhile, the mode of cooperation and the specific legal framework are not only the key to the normal operation of such projects after landing, but also a structural issue to be first encountered in dealing with such intellectual transfer projects.

In addition, export control, anti-monopoly and other compliance matters will also have an impact on the transaction.

In short, the comprehensive ability of the lawyer team in such projects were tested in terms of many factors such as industry, technology, intellectual property rights, compliance, and policy.