Technology trading includes technology development, technology transfer, technology licensing, technology consulting, technology services and other technology trading activities.
Technology trading services include technology trading place services, technology trading brokerage services, technology trading consulting services, technology evaluation services and technology information services. Article 3 People's governments at all levels shall build a fair, standardized and orderly technology market environment, strengthen the cultivation and support of the technology market and guide the healthy development of the technology market. Article 4 The competent department of science and technology of the people's governments at or above the county level shall be responsible for the supervision and management of the technology market within their respective administrative areas.
Market supervision and management, taxation and other relevant administrative departments shall do a good job in the management, guidance and service of the technology market within the scope of their respective duties. Chapter II Technology Trading Services Article 5 The people's governments at or above the county level shall take measures to encourage the establishment and improvement of a professional, socialized and networked technology market service system.
Encourage the construction and improvement of technology market information network platform, collect and publish information on supply and demand of technological achievements, broaden information channels, and realize the sharing of technology trading information resources. Article 6 People's governments at all levels and relevant departments shall take measures to encourage and support scientific research institutions, institutions of higher learning, scientific and technological personnel and social forces to establish various types of technology trading service institutions according to law through various forms.
The term "technical transaction service institutions" as mentioned in these Regulations includes various organizations that provide technical information, technical demonstration, technical evaluation, technical brokerage, technical property right transaction, technical bidding agency and other professional services for technical transactions. Article 7 Technology trading service institutions shall be registered or registered according to law. If the state has other provisions on its qualifications, those provisions shall prevail.
Technology trading service institutions shall follow the principle of good faith and carry out technology trading service activities in accordance with laws, regulations and industry norms. Article 8 Technical brokers are encouraged to carry out business activities according to law, and their legitimate rights and interests are protected according to law. Technical brokers should have corresponding professional knowledge. Article 9 In brokerage activities, a technical broker shall truthfully and timely provide the parties with signing opportunities and transactions, truly reflect the performance ability and intellectual property status of the parties, keep business secrets for the parties as agreed, and coordinate the full performance of the technical contract. Article 10 Technical trading service institutions are encouraged to form trade associations in accordance with the principles of voluntariness, equality and openness.
All kinds of technology market industry associations shall carry out activities in accordance with their articles of association, conduct self-discipline management of their members' professional ethics, code of conduct and professional skills, protect the legitimate rights and interests of technology trading service institutions, and maintain orderly competition in the industry. Chapter III Technology Market Order Article 11 The parties to a technology transaction shall conclude a technology contract in accordance with the General Principles of the Civil Law of People's Republic of China (PRC). The contents of a technology contract shall be agreed upon by the parties. Article 12 In the technology market, buyers and sellers can trade directly or through intermediaries.
Technology trading activities can be carried out through various channels such as holding technology achievement fairs, trade fairs, information conferences and technology fairs, or through permanent technology trading places, online technology markets, technology contracting, technology shareholding, technology auction, technology bidding and technology introduction. Thirteenth in technology trading activities, the seller should be the legitimate owner of the technology provided, and ensure the authenticity of its technology; Intermediaries shall ensure the authenticity of the technical information provided by themselves and the legality of its sources; The buyer shall use the technology and pay the fees in accordance with the contract. Fourteenth in the technology trading activities, the following acts are prohibited:
(a) illegal monopoly of technology, hindering technological progress;
(2) Infringement of intellectual property rights and other technical rights and interests of others;
(3) Pretending to be a patented technology;
(4) making false advertisements;
(five) by fraud, coercion, bribery and other improper means to sign a technology contract;
(six) other acts prohibited by laws and regulations. Chapter IV Identification, Registration and Guarantee Article 15 This province implements a technology contract identification and registration system. After the technology contract is registered, the parties enjoy the preferential treatment stipulated by the state and this province. A technology contract that has not been registered or recognized shall not enjoy the preferential treatment stipulated by the state and this province.
The parties to a technology transaction shall apply for the identification and registration of a technology contract on a voluntary basis. Article 16 After a technology contract comes into effect, the parties to a technology transaction who apply for confirmation and registration shall apply for confirmation and registration to the technology contract confirmation and registration agency with a written Chinese contract and relevant annexes. The technology contract accreditation registration institution shall make a accreditation registration decision within ten days from the date of accepting the accreditation registration application, and issue a accreditation registration certificate. Article 17 A registrant who applies for accreditation shall go through the formalities with the local tax authorities with the accreditation registration certificate of the accreditation registration institution for technology contracts, and his technology trading income shall enjoy the tax preference stipulated by the state.