Introduction
On 9 February 2026, the People’s Republic of China’s (“PRC“) Ministry of Industry and Information Technology (“MIIT“) issued the updated Administrative Measures for the Registration of Technology Contracts (“Updated Measures“), marking the first major update in over 25 years.
Under PRC law, technology contracts (agreements establishing mutual rights and obligations regarding technology development, transfer, licensing, consulting or services) must be registered and verified with the relevant authorities. The amendments in the Updated Measures serve to streamline the registration and verification process for research and development (“R&D“)-related technology contracts, improve efficiency, and update the categorisation of contracts. The Updated Measures will allow registering entities to better manage incentives and tax benefits. Parties to technology contracts in PRC should be aware of the latest changes and ensure compliance with the registration requirements.
This Update highlights the key changes in the Updated Measures and summarises the relevant registration process.
Key Changes
The Updated Measures include the following key changes:
- Improved efficiency: The updated system automates parts of the registration process, such as transferring registration data directly to tax databases.
- Updated categories: The revisions separate “technology transfer” and “technology licensing” into distinct categories.
- Impact on incentives: The updates streamline the process for innovators to qualify for tax benefits and incentives for R&D activities.
These changes align with broader efforts by PRC to modernise its regulatory framework for technology and technology-related contracts.
Registration under the Updates Measures
Classification of Contracts
The Rules for Verification and Registration of Technology Contracts, which are annexed to the Updated Measures, are formulated to standardise technology contract verification and registration. It classifies technology contracts into the following categories:
- Technology development contracts, including commissioned development contracts and cooperative development contracts;
- Technology transfer contracts, including patent right transfer contracts, technical secret transfer contracts, and other technology transfer contracts;
- Technology licensing contracts, including patent implementation licensing contracts, technical secret use licensing contracts, and other technology licensing contracts;
- Technology consulting contracts; and
- Technology service contracts, including general technology service contracts, technology intermediary contracts, and technology training contracts.
Registration Process
- Application
- The “seller” under a technology contract shall apply to a registration institution for the one-time registration of the contract based on the location of the registration entity.
- If the “seller” fails to do so, the “buyer” may register the contract upon agreement by all parties to the contract.
- For technology import contracts, the domestic buyer shall apply for registration of the contract.
- Supporting documents
- Registration entities shall submit authentic, lawful and complete contract texts (including electronic contracts) and related materials to the registration institution within the prescribed period after the contract takes effect.
- For technology import contracts, a Certificate of Technology Import Contract Registration and a Technology Import Contract Data (or Amendment) Form issued by the competent commerce department must be provided.
- Foreign language contracts shall be accompanied by a Chinese translation.
- Review by registration institutions
- Registration institutions shall review applications in accordance with the Civil Code of PRC and the Rules for Verification and Registration of Technology Contracts.
- Registration institutions shall complete verification and registration within 10 working days from the date of acceptance. For large-value technology contracts or technology contracts with objections, provincial departments shall establish corresponding review mechanisms and complete verification and registration within 30 working days.
- Issuance of certificates by registration institutions
- For technology contracts meeting registration conditions, registration institutions shall issue technology contract verification and registration certificates approved by the competent provincial-level authority, specifying the technology contract type, technology contract transaction amount, and technology transaction amount.
- On the basis of the certificates, eligible parties to the contract may enjoy relevant support policies for promoting the transformation of scientific and technological achievements in accordance with applicable regulations.
- Amendment and cancellation
- Where a verified and registered technology contract is modified, terminated or cancelled, the registration entity shall apply to the original registration institution for amendment or cancellation.
- Appeal
- If a registration entity objects to the results of the verification and registration, they may apply to the original registration institution for review.
- Where there are still objections to the review results, the competent provincial-level authority shall make the final confirmation in accordance with the review mechanism.
Verification and Registration System
The Updated Measures provides that MIIT shall build a national technology contract verification and registration management system, enhance information service capabilities, and promote improved efficiency in verification and registration work.
Further, registration institutions shall properly organise and archive technology contract verification and registration files in accordance with relevant laws and regulations on archives management. Verified and registered contract texts shall be retained for five years from the date of registration.
Concluding Words
The formation of technology contracts is abundant across the world, and particularly so in PRC. Parties to such contracts should be aware of the verification and registration requirements as set out in the Updated Measures, and ensure that they comply with the relevant processes. Failure to do may result in the contractual parties being unable to utilise the relevant support policies that may apply to their respective arrangements.
For further queries, please feel free to contact our team set out on this page.
Disclaimer
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