Chapter II Organization and Implementation
Chapter III Safeguard Measures
Chapter IV Technical Rights and Interests
Chapter V Legal Liability
Chapter VI Supplementary Provisions Chapter I General Provisions
first
This Law is formulated in order to promote the transformation of scientific and technological achievements into practical productive forces, standardize the transformation activities of scientific and technological achievements, accelerate the progress of science and technology, and promote economic construction and social development.
second
The term "transformation of scientific and technological achievements" as mentioned in this Law refers to the subsequent testing, development, application and popularization of scientific and technological achievements with practical value produced by scientific research and technological development in order to improve the level of productivity until new products, new processes and new materials are formed and new industries are developed.
essay
The transformation of scientific and technological achievements should be conducive to improving economic and social benefits, protecting the environment and resources, and promoting economic, social and national defense construction.
The transformation of scientific and technological achievements should follow the principles of voluntariness, mutual benefit, fairness, honesty and credit, and enjoy the benefits and bear risks according to law or in accordance with the contract. Intellectual property rights in the transformation of scientific and technological achievements are protected by law.
The transformation of scientific and technological achievements shall abide by the law, safeguard the national interests and shall not harm the public interests.
Article 4
The administrative department of science and technology, the planning department, the comprehensive economic management department and other relevant administrative departments of the State Council shall manage, guide and coordinate the transformation of scientific and technological achievements in accordance with the scope of responsibilities stipulated by the State Council.
Local people's governments at all levels are responsible for the management, guidance and coordination of the transformation of scientific and technological achievements within their respective administrative areas.
Chapter II Organization and Implementation
Article 5
The State Council and local people's governments at all levels shall incorporate the transformation of scientific and technological achievements into the national economic and social development plan, and organize and coordinate the implementation of the transformation of relevant scientific and technological achievements.
Article 6
Relevant departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government regularly publish catalogues of scientific and technological achievements and guidelines for key scientific and technological achievements transformation projects, giving priority to supporting the implementation of the following projects:
(a) significantly improve the level of industrial technology and economic benefits;
(two) the formation of industrial scale, with international economic competitiveness;
(three) the rational development and utilization of resources, save energy, reduce consumption, prevent environmental pollution;
(4) Promoting the development of high-yield, high-quality and efficient agriculture and rural economy;
(5) Accelerate the economic and social development in minority areas and remote and poor areas.
Article 7
By formulating policies and measures, the state advocates and encourages the adoption of advanced technologies, processes and equipment, and constantly improves, restricts the use or eliminates backward technologies, processes and equipment.
Article 8
Key scientific and technological achievements transformation projects organized and implemented by people's governments at all levels may be organized and implemented by relevant departments through public bidding. The relevant departments shall provide financial assistance to the winning bidder or other conditions determined at the time of bidding.
Article 9
Holders of scientific and technological achievements can transform scientific and technological achievements in the following ways:
(a) investment in the implementation of the transformation;
(2) Transferring scientific and technological achievements to others;
(3) Licensing others to use the scientific and technological achievements;
(four) the scientific and technological achievements as a condition of cooperation, and others to cooperate with the implementation of the transformation;
(5) Taking scientific and technological achievements as the investment price, converting them into shares or making contributions in proportion to the capital contribution.
Article 10
In order to adopt new technologies, new processes and new materials and produce new products, enterprises can release information by themselves or entrust technology trading intermediaries to collect the required scientific and technological achievements, or look for partners to transform scientific and technological achievements.
Article 11
Enterprises have the right to transform scientific and technological achievements independently or jointly with domestic and foreign enterprises, institutions and other collaborators according to law.
Enterprises can undertake scientific and technological research and development and scientific and technological achievements transformation projects organized and implemented by the government independently or jointly with other units through fair competition.
Article 12
The state encourages research and development institutions, universities and other institutions to combine with production enterprises to jointly implement the transformation of scientific and technological achievements.
Research and development institutions, universities and other institutions can participate in the bidding activities of relevant government departments or enterprises to implement the transformation of scientific and technological achievements.
Article 13
The state encourages agricultural scientific research institutions and agricultural experimental demonstration units to transform agricultural scientific and technological achievements independently or in cooperation with other units.
In order to promote the transformation of scientific and technological achievements, agricultural scientific research institutions can independently research and develop or cooperate with other units to develop and examine excellent varieties according to law.
Article 14
If the unit fails to timely implement the transformation of post scientific and technological achievements with practical value obtained by research and development institutions and institutions of higher learning established by the state, the person who completed the scientific and technological achievements and the participants can transform the scientific and technological achievements according to the agreement with the unit without changing the ownership of the post scientific and technological achievements, and enjoy the rights stipulated in the agreement. Units shall support the transformation of the above-mentioned scientific and technological achievements.
The person who completes the scientific and technological achievements or the person in charge of the project shall not hinder the transformation of the scientific and technological achievements of the post, and shall not take the scientific and technological achievements of the post and its technical data and data for himself or infringe upon the legitimate rights and interests of the unit.
Article 15
Scientific and technological achievements completion unit, scientific and technological achievements transformation implementation unit and scientific and technological achievements transformation investment unit shall sign a contract, stipulating the rights and risks that all parties enjoy in the subsequent test, development, application, production and operation of scientific and technological achievements.
Article 16
In the transformation of scientific and technological achievements, the detection and value evaluation of scientific and technological achievements must follow the principle of fairness and objectivity, and no false detection results or evaluation certificates may be provided.
Research and development institutions, universities and state-owned enterprises established by the state must cooperate with enterprises, other organizations or individuals outside China to evaluate the value of scientific and technological achievements.
Foreign cooperation in the transformation of scientific and technological achievements involving state secrets shall be approved in advance in accordance with the prescribed procedures.
Article 17
A legally established place or institution engaged in technology trading may carry out the following activities to promote the transformation of scientific and technological achievements:
(1) Introducing and recommending advanced, mature and practical scientific and technological achievements;
(2) Providing economic information, technical information, environmental information and other relevant information required for the transformation of scientific and technological achievements;
(three) to carry out technical trade activities;
(four) to provide other consulting services for the transformation of scientific and technological achievements.
Article 18
Intermediaries engaged in technology trading, such as agents and intermediaries, must obtain business licenses in accordance with relevant state regulations; Personnel engaged in brokerage business in this institution shall obtain qualification certificates in accordance with relevant state regulations.
Article 19
The state encourages enterprises, institutions and rural scientific and technological economic cooperation organizations to carry out technological innovation and technical service activities such as pilot experiments, industrial experiments and agricultural experiments and demonstrations.
Technical innovation and technical service institutions such as intermediate test bases, industrial test bases and agricultural test demonstration bases engaged in the transformation of scientific and technological achievements may carry out the following activities:
(1) Conducting intermediate tests and industrial tests on new products and new processes;
(two) to support the development and technological innovation of systematic and engineering scientific and technological achievements in regions or industries facing the society;
(three) to provide technical and technological services for small and medium-sized enterprises, township enterprises and rural scientific and technological economic cooperation organizations;
(four) to provide comprehensive services for the transformation of high-tech achievements and the establishment of related enterprises.
The capital construction of the bases and institutions listed in the preceding paragraph has been approved by the relevant departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and incorporated into the relevant national or local plans.
Article 20
Experimental products transformed from scientific and technological achievements may be put on trial sale within the approved trial sale period with the approval of relevant departments in accordance with the relevant national regulations on product trial sale. The trial production and trial sale of the above products shall conform to the relevant national technical, quality, safety and hygiene standards.
Chapter III Safeguard Measures
Article 21
A certain proportion of the funds used by the state finance for science and technology, investment in fixed assets and technological transformation should be used for the transformation of scientific and technological achievements. The national financial funds for the transformation of scientific and technological achievements are mainly used for guiding funds, loan interest subsidies, subsidy funds and venture capital to promote the transformation of scientific and technological achievements.
Article 22
The state implements preferential tax policies for the transformation of scientific and technological achievements. Specific measures shall be formulated by the State Council.
Article 23
National financial institutions should support the transformation of scientific and technological achievements in credit and gradually increase loans for the transformation of scientific and technological achievements.
Article 24
The state encourages the establishment of scientific and technological achievements transformation funds or risk funds funded by the state, local governments, enterprises, institutions and other organizations or individuals to support the transformation of scientific and technological achievements with high input, high risk and high output and accelerate the industrialization of major scientific and technological achievements.
The establishment and use of scientific and technological achievements transformation funds and risk funds shall be implemented in accordance with relevant state regulations.
Article 25
The state promotes the construction and development of scientific and technological information networks, establishes a database of scientific and technological achievements, and provides information services on scientific and technological achievements for the whole country.
Chapter IV Technical Rights and Interests
Article 26
Where a unit that completes scientific and technological achievements cooperates with other units to implement the transformation of scientific and technological achievements, it shall stipulate in the contract the ownership of relevant rights and interests of scientific and technological achievements according to law. If there is no agreement in the contract, it shall be handled according to the following principles:
(a) there is no new invention in the cooperative transformation, and the rights and interests of scientific and technological achievements belong to the unit that completed the scientific and technological achievements;
(two) there are new inventions in the process of cooperative transformation, and the rights and interests of the new inventions are owned by all parties to the cooperation;
(3) All parties to the cooperation have the right to implement the scientific and technological achievements produced in the cooperative transformation, and the transfer of scientific and technological achievements must be agreed by all parties to the cooperation.
Article 27
Where a unit that completes scientific and technological achievements cooperates with other units to implement the transformation of 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.
A technology transaction or intermediary institution has the obligation to keep confidential the technical secrets of the parties it knows in the process of agency or intermediary services.
Article 28
Enterprises and institutions shall establish and improve the technical secret protection system to protect the technical secrets of their own units. Employees shall abide by the technical secret protection system of their own units.
Enterprises and institutions can sign agreements with relevant personnel involved in the transformation of scientific and technological achievements, and keep the technical secrets of their own units during their tenure or within a certain period after leaving, retiring or resigning; Relevant personnel shall not violate the agreement, disclose the technical secrets of their own units and engage in the same scientific and technological achievements transformation activities as the original units.
Laborers shall not transfer their scientific and technological achievements without authorization or in disguised form.
Article 29
Where a unit that completes scientific and technological achievements transfers its post-related scientific and technological achievements to others, the unit shall extract a proportion of not less than 20% from the net income obtained from the transfer of post-related scientific and technological achievements, and reward those who have made important contributions to the completion and transformation of the scientific and technological achievements.
Article 30
After the scientific and technological achievements independently researched and developed by enterprises and institutions or developed in cooperation with other units are successfully put into production, the unit shall extract no less than 5% of the profits from the implementation of the scientific and technological achievements for three to five consecutive years, and reward those who have made important contributions to the completion of the scientific and technological achievements and their transformation.
An enterprise in the form of shares may, in accordance with the relevant provisions of the state, convert the remuneration or rewards of relevant personnel who have made important contributions to the research, development and transformation of scientific and technological achievements into shares or the proportion of capital contribution. Shareholders shall share the profits in proportion to their shares or capital contribution.
Chapter V Legal Liability
Article 31
Anyone who, in violation of the provisions of this law, practices fraud in the transformation of scientific and technological achievements, defrauds awards and honorary titles, defrauds money and illegally makes profits shall be ordered to make corrections, cancel awards and honorary titles, confiscate his illegal income and impose a fine. Those who cause economic losses to others shall bear civil liability for compensation according to law. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 32
Whoever, in violation of the provisions of this Law, conducts a value test or evaluation of scientific and technological achievements and intentionally provides false test results or evaluation certificates shall be ordered to make corrections, given a warning, his illegal income shall be confiscated, and the test organizer and evaluation institution shall be fined; If the circumstances are serious, the business license and qualification certificate shall be revoked according to law. Those who cause economic losses to others shall bear civil liability for compensation according to law.
Article 33
Staff of the administrative departments of science and technology of the people's governments at all levels and other relevant departments who neglect their duties or engage in malpractices for selfish ends in the transformation of scientific and technological achievements shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 34
Whoever, in violation of the provisions of this Law, embezzles other people's scientific and technological achievements by instigating, inducing or coercing others, and infringes upon the legitimate rights and interests of others, shall bear civil liability for compensation according to law and may be fined; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 35
In violation of the provisions of this law, employees disclose the technical secrets of their units without the permission of their units, or transfer their scientific and technological achievements without authorization or in disguised form. If the relevant personnel involved in the transformation of scientific and technological achievements violate the agreement with their own units and engage in the same transformation activities of scientific and technological achievements as the original units within the agreed time limit after leaving, retiring or resigning, they shall bear legal responsibilities in accordance with relevant regulations.
Article 36
Intermediary agencies engaged in agency or intermediary services and personnel engaged in technology trading brokerage business deceive clients, or collude with one party to deceive the other party, shall be ordered to make corrections, given a warning, in addition to assuming civil liability for compensation according to law, the illegal income shall be confiscated and a fine shall be imposed; If the circumstances are serious, the business license and qualification certificate shall be revoked according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 37
This Law shall come into force as of 1996 65438+ 10/day.