State-owned and state-owned enterprises and institutions in this province must conduct technical property rights transactions in technical property rights trading places.
Where laws and regulations provide otherwise, such provisions shall prevail. Article 5 The trading of technical property rights shall follow the principles of legality, voluntariness, honesty and credibility, openness, fairness and impartiality. Article 6 The administrative department of science and technology of the provincial people's government shall supervise and manage the technical property rights trading institutions and trading activities according to law. Article 7 A technology property rights trading institution is a legal person that provides a centralized trading place for technology property rights. Its duties are:
(a) to provide places and facilities for technology property transactions;
(2) Organizing technical property rights trading activities and maintaining trading order;
(3) Providing and publishing information on technology property transactions;
(4) Other duties entrusted by the government. Eighth technology property rights trading institutions shall be approved by the provincial people's government and established according to law.
The articles of association and trading rules of technical property rights trading institutions shall be submitted to the administrative department of science and technology of the provincial people's government for the record. Article 9 Technical property rights trading institutions shall practise a membership system.
Members can trade on their own, accept entrusted transactions, and provide intermediary services for transactions in technology property rights trading places.
Non-members must entrust members to conduct transactions in technical property rights trading places.
In the same transaction, a member may not accept the entrustment of both the transferor and the transferee. Tenth technology property transactions can be carried out through agreement transfer, auction, bidding and other means. Or in other ways prescribed by laws and regulations. Article 11 The transferor and transferee who conduct transactions in the technology property rights exchange shall submit valid certification documents and relevant materials in accordance with the provisions of the technology property rights trading institution.
The transfer of technical property rights by state-owned enterprises and institutions must be approved by the state-owned assets management department.
Where the transfer of technical property rights involves the placement of enterprise employees, both parties to the transaction shall reach an employee placement agreement in accordance with relevant regulations, change labor relations according to law, and continue social insurance.
Where the transferred technical property right involves guarantee, the transferor shall inform the transferee and the third party. Article 12 After the parties to a technology property right transaction reach an agreement on the transaction matters, they shall sign a written contract. Thirteenth after the signing of the technical property right transaction contract, the technical property right transaction institution shall issue the technical property right transaction certificate to both parties.
After the technical property right transaction contract comes into effect, the transferor and the transferee shall go through the formalities for changing the technical property right with the transaction voucher and contract to the relevant competent department. Fourteenth in the transaction of technical property rights, if there is a dispute over the transferred technical property rights, the transferor, the transferee or the third party may apply to the technical property rights trading institution to suspend the transaction.
If the people's court issues a notice of termination according to law, it shall terminate the transaction. Fifteenth in violation of the provisions of article eleventh of these measures, the transaction is invalid. Sixteenth in violation of these measures, under any of the following circumstances, the administrative department of science and technology of the provincial people's government shall impose a fine of 1 times and 3 times the illegal income, but the maximum amount shall not exceed 30 thousand yuan. If there is no illegal income, a fine of 1 1,000 yuan shall be imposed, and corresponding administrative and civil liabilities shall be ordered:
(a) the illegal establishment of technical property rights trading institutions and the establishment of technical property rights trading places;
(two) to conduct state-owned and state-owned technology property rights transactions outside the technology property rights trading places;
(3) Disrupting the order of the technology property rights trading market. Article 17 Where the staff of a technology property right trading institution takes advantage of his position, engages in malpractices for selfish ends and seeks illegitimate interests, the administrative department of science and technology of the provincial people's government shall order the technology property right trading institution to give punishment. If the circumstances are serious enough to constitute a crime, it shall be handed over to the judicial department for handling. Eighteenth if a party refuses to accept the administrative punishment, it may apply for reconsideration according to law, or bring a lawsuit directly to the people's court according to law. Nineteenth specific issues in the application of these Measures shall be interpreted by the administrative department of science and technology of the provincial people's government. Article 20 These Measures shall come into force as of the date of promulgation.