The legitimate rights and interests of both parties and intermediaries in technology trading are protected by law. Chapter II Technology Market Management Institutions Article 5 Under the leadership of the people's government at the same level, science and technology committees at all levels (hereinafter referred to as science and technology committees) shall be in charge of technology market management within their respective administrative areas and perform the following duties:
(a) the implementation of laws, regulations and rules related to the management of technology market, and carry out supervision and inspection;
(two) to manage and supervise technology trading activities, organize and guide the exchange of technology commodity information;
(three) to be responsible for the qualification examination of technical commodity management institutions and technical trading intermediary service institutions, and to issue technical trading licenses;
(four) responsible for the identification and registration of technology contracts and the statistics of technology market;
(five) responsible for the training and assessment of technical market managers and operators;
(six) commend and reward units and individuals that have made achievements in technology trading, and investigate and deal with illegal acts in technology trading in conjunction with relevant departments;
(7) Organizing theoretical research on the development and management of technology market;
(eight) other technical market management work. Sixth technology market inspection system, technology market management personnel by the provincial unified system of "technology market inspection certificate", to supervise and inspect the technology market according to law. Article 7 The administrative departments of industry and commerce, planning, finance, taxation, price control, banking and statistics shall, in accordance with the division of responsibilities and the provisions of these Regulations, cooperate in the management of the technology market. Article 8 The administrative organ in charge of technology market management and its staff shall not engage in or participate in technology trading and related business activities. Chapter III Technology Commodity Trading Institutions and Technology Trading Intermediary Service Institutions Article 9 The technology commodity trading institutions mentioned in these Regulations refer to institutions established in accordance with the law to engage in technology trading activities with the purpose of promoting the commercialization of technological achievements, mainly relying on their own technical strength and mastered technology. Technical commodity management institutions can not only engage in technical trading activities such as technology development, technology transfer, technical consultation and technical services, but also engage in establishing or leading scientific and technological development entities integrating science and technology, industry (agriculture) and trade; Production and sales of pilot products and new scientific and technological products, organization and promotion of the application of technological achievements and other activities. Article 10 The term "intermediary service institutions for technology trading" as mentioned in these Regulations refers to institutions established according to law to promote the commercialization of technological achievements and provide intermediary services for technology trading activities. Can engage in the collection and dissemination of technical commodity information according to law; Provide necessary intermediary services for the conclusion and performance of technical contracts; Establish a permanent technology trading place and participate in organizing other technology trading activities.
Technical intermediary service institutions shall not take technology and resell it in the name of providing intermediary services; Do not collude maliciously with the entrusting party or a third party to harm the interests of the other party.
The entrusting party and the third party shall not refuse to pay the necessary activity funds and remuneration to the intermediary after the intermediary directly matches. Eleventh the establishment of technology commodity management institutions and technology trading intermediary service institutions shall meet the following conditions:
(1) Having a clear business scope and service direction;
(2) Having property and funds that are suitable for the business and can be independently controlled;
(3) Having working conditions (including necessary scientific research instruments and equipment, etc.). ) and a fixed place suitable for business;
(four) there are fixed professional and technical personnel and management personnel to adapt to the business.
The establishment of a non-independent technology trading institution must be authorized by the legal representative of the unit in addition to the provisions in Items (1), (3) and (4) of the preceding paragraph, and the unit shall provide economic guarantee and bear corresponding legal responsibilities. Article 12 The establishment of a technology commodity operation institution or a technology trading intermediary service institution of a business nature must be approved by the competent business department and the Science and Technology Commission at the same level, and after the Science and Technology Commission at the same level issues a technology trading license, it shall go through the registration formalities with the local administrative department for industry and commerce.
Where it is necessary to set up an enterprise-oriented technology commodity management institution or technology trading intermediary service institution, it should be audited by the competent business department, reported to the Science and Technology Commission at the same level for approval and issued a technology trading license, and then go through the registration formalities with the local administrative department for industry and commerce and obtain a business license.
The examination and approval procedures for the establishment of private technical commodity business institutions and technical transaction intermediary service institutions shall be handled in accordance with the provisions of the provincial people's government on the management of private technical institutions.