Purpose:
In order to standardize the transformation management of scientific and technological achievements of the company according to law and mobilize the enthusiasm, initiative and creativity of employees and units in the transformation of scientific and technological achievements. This management system is formulated in accordance with the relevant provisions of the Law of People's Republic of China (PRC) Municipality on Promoting the Transformation of Scientific and Technological Achievements and in combination with the actual situation of the company.
Scope of application:
This management system stipulates the organization, implementation and management, technical rights and interests, income distribution and legal responsibilities involved in the transformation of scientific and technological achievements, and is applicable to the management of the transformation of scientific and technological achievements of all departments under the company.
Definition:
Scientific and technological achievements: refers to the technical achievements made by employees of the company who undertake national, local, enterprise and other scientific research projects or use the company's material technology, human resources and other resources, and the company owns all or part of its intellectual property rights;
Transformation of scientific and technological achievements (hereinafter referred to as transformation of achievements): refers to the subsequent testing, development, application and popularization of scientific and technological achievements with practical value and market prospects generated by scientific research and technological development until new products, new processes and new materials are formed and new industries are developed;
Revenue: refers to all the rights and interests arising from the transformation of this achievement, including transfer fees, licensing fees, technology shares and other rights and interests related to this achievement.
Responsibilities:
The R&D Center of Science and Technology is responsible for drafting the management system for the transformation of scientific and technological achievements, and other departments are responsible for participating in the drafting. Technical R&D center is responsible for organizing subordinate departments of the company to regularly revise the system.
The technology research and development center is responsible for the organization and management of the transformation of scientific and technological achievements, and the subordinate departments of the company are responsible for the assistance of the transformation of achievements;
The person in charge of the R&D project or the person who completed the achievement (hereinafter referred to as the person who completed the achievement) is responsible for organizing the concrete transformation of scientific and technological achievements.
Organization, implementation and management of achievement transformation;
The Company encourages the person who completed the achievement to carry out the achievement transformation, implements scientific and standardized management on the achievement transformation, and rationally distributes the income from the achievement transformation;
In the process of achievement transformation, the achievement finisher is responsible for organizing the preparation, sorting and filing of technical standard documents such as design, construction, debugging, completion acceptance, production operation and after-care handover; All work and technical documents shall meet the relevant requirements of national laws, regulations, national or industry standards and norms;
The comprehensive management section of the technology research and development center (hereinafter referred to as the comprehensive management section) is responsible for the release of the company's scientific and technological achievements and the collection and communication of enterprise demand information. Responsible for organizing the top achievers or subordinate departments of our company to carry out achievement transformation activities on behalf of the company inside and outside the company, and assist the company to do a good job in the management of technology stocks generated by the pricing of scientific and technological achievements;
Scientific and technological achievements are preferentially transformed within the company, and the subordinate departments of the company should take active measures to strengthen coordination, give necessary support to the team organization and technical support links in the transformation of achievements, and promote the transformation of achievements;
The person who completes the achievement shall not take the post scientific and technological achievements and their technical data as his own, and the person who completes the achievement may transform the achievement by himself, but he shall report to the technology research and development center in advance and sign a contract or agreement with the company to ensure the rights and interests enjoyed by the company according to law;
The specific form of achievement transformation shall be decided by the comprehensive management department, the demanding unit and the achievement finisher. Scientific and technological achievements can be transformed in the following ways, and the comprehensive management department will organize the signing of the achievement transformation contract: invest and implement the transformation by itself; Transfer scientific and technological achievements to others; Licensing others to use scientific and technological achievements; Take scientific and technological achievements as cooperation conditions and implement transformation with others; Investment, conversion of shares or the proportion of capital contribution at the price of scientific and technological achievements; Other methods determined through consultation;
The achievement transformation contract shall be reviewed by the Technical R&D Center and the legal department of the company, and the director of the Technical R&D Center shall be responsible for the technical review, and the legal department shall be responsible for it; After passing the examination, the manager of the technology research and development center will sign the contract on behalf of the company. The signing of technical service contracts, technical consulting contracts and other documents related to achievements transformation activities should also be carried out in accordance with this procedure. The subordinate departments of the Company shall not sign any contracts or agreements such as transfer of scientific and technological achievements, technical service contracts and technical consultation contracts without authorization;
After the contract comes into effect, the contract implementation unit or individual shall perform the contractual obligations in strict accordance with the contract provisions. When performing the contractual obligations (including providing technical data to the outside world), the contract implementation unit or individual shall pay attention to the registration and preservation of relevant records.
The company encourages individuals to participate in the transformation of scientific and technological achievements and actively creates conditions to support the establishment of scientific and technological enterprises;
In accordance with the provisions of the Measures for the Administration of Scientific Research Archives, the General Management Section manages the scientific and technological materials and related agreements and contracts generated during the transformation of scientific and technological achievements.
Technical rights and interests:
Where a company cooperates with other units to implement the transformation of scientific and technological achievements, it shall stipulate the ownership of relevant rights and interests of scientific and technological achievements in the form of contracts. If there is no agreement in the contract, it shall be handled according to the following principles: (1) If there is no new invention in the cooperative transformation, the rights and interests of the scientific and technological achievements shall be owned by the company; (2) If there is a new invention in the cooperative transformation, the rights and interests of the new invention shall be owned by the partners; (three) all parties to the cooperation have the right to transform the scientific and technological achievements produced in the transformation of cooperation, and the transfer of such scientific and technological achievements must be agreed by all parties to the cooperation;
If the company cooperates with other units to transform scientific and technological achievements, the parties to the cooperation shall reach an agreement on keeping technical secrets; The parties shall not disclose or allow others to use the technology in violation of the agreement or the requirements of the obligee to keep the technical secrets. When the technical transaction management agency or intermediary agency engages in technical agency or service for our company, it shall be obliged to keep confidential the relevant technical secrets it knows.
Income distribution:
During the transformation of scientific and technological achievements, the company's income is paid to the person who completed the achievements and the person who transformed the achievements according to the following standards: (1) If the scientific and technological achievements of this post are transferred or licensed to others for implementation, the proportion of the net income from the transfer or licensing of the scientific and technological achievements shall not be less than 70% and not more than 95%; (2) If the contribution is based on the scientific and technological achievements of the post at a fixed price, it shall not be less than 50% of the shares formed by the scientific and technological achievements or the proportion of contribution; (3) If the person who has completed the achievement implements the post scientific and technological achievements alone or in cooperation with others and completes the transformation of the achievements, it can be implemented in the following two ways. : A. After the successful transformation is put into production for three to five years in a row, not less than 5% of the operating profit from the implementation of this scientific and technological achievement will be extracted every year. B. After the achievement is completed and both parties of the company agree on the equity or capital contribution ratio of the company in the implementation of the achievement transformation, or the company can directly obtain cash income through the transfer of scientific and technological achievements;
The income from the transfer and transformation of scientific and technological achievements should be used for scientific research, intellectual property management, the introduction and construction of talents and teams, and the construction of conditions for the transfer and transformation of scientific and technological achievements, in addition to the completion of achievements and the remuneration of transformation personnel;
Encourage people inside and outside the company to mediate the transformation of the company's scientific and technological achievements, and the cooperation with the intermediary shall be managed by the technology research and development center in a unified way, and the intermediary personnel may withdraw no more than 5% of the intermediary fee from the transformation income;
For the income distribution generated by the transformation of results, the General Management Section is responsible for organizing the preparation of income distribution scheme according to the income distribution standard stipulated in this system, and the person who completes the results is responsible for distributing remuneration to those who complete the results and participate in the transformation of results according to their performance, thus forming a secondary distribution scheme;
The income distribution plan shall be signed by the project leader and the director of the comprehensive management department, approved by the manager and general manager of the technology research and development center step by step, and then transferred to the corresponding human resources department. Payment shall be made according to the salary process, and personal income tax shall be paid according to law, which shall be withheld and remitted by the company.
Legal liability:
Whoever practices fraud in the transformation of scientific and technological achievements and causes economic losses to the company shall compensate the economic losses according to law; A company that constitutes a crime has the right to investigate the legal responsibility of the parties;
If the employees of the company violate the provisions of the intellectual property protection and confidentiality system, disclose technical secrets, transfer their technical achievements without authorization or in disguised form, or damage the intellectual property rights of the company by other means such as technical guidance, the company will investigate the corresponding legal responsibilities according to the People's Republic of China (PRC) Intellectual Property Laws, Regulations and Judicial Interpretation.
Supplementary terms:
The Technology Research and Development Center shall be responsible for the interpretation of these Measures;
These Measures shall be implemented as of the date of approval and promulgation by the Company.