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Fourth, Article 35,the State establishes a system of security review for foreign investment to review the foreign investment that affects or may affect national security.
The investments in the negative list still need to be reviewed by the Ministry of Commerce, and a security review system has been added, However, there is no corresponding landing measures, further policies are yet to be issued.
Fifth, Article 22 stipulates that the State protects the intellectual property rights of foreign investors and foreign-invested enterprises, protects the legitimate rights and interests of intellectual property rights holders and related rights holders, and holds intellectual property rights infringers legally accountable in strict accordance with the law.
The State encourages technical cooperation based on the voluntariness principle and commercial rules in the process of foreign investment. The conditions for technical cooperation are determined by equal negotiation between the parties to the investment inaccordance with the principle of fairness. Administrative agencies and their staff are prohibited to use administrative means to force any technology transfer. Article 21, the capital contribution made by foreign investors within China, and the profits, capital gains, proceeds out of asset disposal, intellectual property rights' licensing fee, indemnity or compensation legally obtained, or proceeds received upon liquidation by foreign investors within China, may be freely remitted inward and outward in RMB or a foreign currency.
Through legislation, it is clear that the state protects the intellectual property rights of foreign investors and foreign-invested enterprises in accordance with the law, encourages technical cooperation based on the principle of voluntariness and commercial rules, and makes it clear that the transfer of technology is not compulsory, which eliminates the concerns of foreign investors about the protection of their intellectual property rights and the compulsory transfer of technology, at the same time, for the aspects of technical cooperation income, Legitimate interests can be freely remitted in and out of China.
Seventh, the Foreign Investment Law does not specify whether Hong Kong, Macao and Taiwan investments are applicable, but Premier Li Keqiang met with Chinese and foreign journalists who interviewed the Second Session of the 13th National People's Congress on March 15 and said that "Hong Kong, Macao and Taiwan investments can refer to the newly passed foreign investment law. Moreover, some effective institutional arrangements and practical practices that we have for a long time should continue to be used, which will not affect, but will help to attract investment from Hong Kong, Macao and Taiwan." It is worth paying attention to whether specific rules will be issued in the future.
Generally speaking, the foreign investment law simplifies the original provisions, no longer distinguishes between Sino foreign cooperation, Sino foreign joint venture and wholly foreign-owned enterprises. At the same time, it strengthens the protection of legitimate rights and interests for foreign investment, which is conducive to the further development of foreign investment.