Regulations of Harbin Municipality on Technology Market (revised in 2020)

Chapter I General Provisions Article 1 In order to maintain the order of the technology market, safeguard the legitimate rights and interests of the parties involved in technology transactions, and promote technological progress and economic development, these Regulations are formulated in accordance with relevant laws and regulations and in light of the situation of this Municipality. Article 2 These Regulations shall apply to natural persons, legal persons and other organizations engaged in technology development, technology transfer, technical consultation, technical services and other activities related to technology trading within the administrative area of this Municipality. Article 3 All technologies and technical information that are beneficial to economic construction, social development and scientific and technological progress may be traded, except as otherwise provided by laws and regulations. Article 4 The lawful rights and interests of the parties to a technology transaction shall be protected by law.

The parties involved in technology trading shall abide by laws and regulations, respect social morality, and shall not infringe upon the intellectual property rights of others, disrupt social and economic order, or harm social public interests. Fifth people's governments at all levels should build a fair competition, standardized and orderly technology market environment, and guide the healthy development of technology market. Article 6 The municipal administrative department of science and technology is the competent department of this municipality's technology market. The municipal technology market management institution is responsible for the daily management of the technology market.

District, county (city) administrative department of science and technology is responsible for the management of technology market in this area. Article 7 The relevant administrative departments shall, according to their respective functions and duties, jointly manage the technology market and support its development. Eighth units and individuals that have made outstanding contributions in the development of technology market shall be commended by the people's governments at all levels and the administrative department of science and technology. Chapter II Technology Market Order Article 9 In technology trading, buyers and sellers may trade directly or through intermediaries.

Technology transactions can be conducted through bidding, tendering and auction. Science and technology projects mainly invested by the government shall be subject to tender, unless otherwise stipulated by laws and regulations.

Technology transactions can be conducted through the Internet. Article 10 When conducting technology trading activities, the parties involved in technology trading shall conclude a technology contract in accordance with the provisions of the Contract Law of People's Republic of China (PRC), uniformly use other business invoices of Heilongjiang Province supervised by the Local Taxation Bureau of Heilongjiang Province, and enjoy preferential treatment for technology trading in accordance with relevant national and provincial regulations. Eleventh in the technology trading activities, the seller shall ensure the authenticity of its technology, and enjoy the legal right to dispose of the technology provided; 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. Twelfth natural persons, legal persons and other organizations to set up technical trade institutions, should have a clear professional and technical field and professional and technical personnel to adapt to it; Having places, facilities and independently controlled funds suitable for the business scope. Article 13 The organizers of technology fairs shall not make false propaganda or make illegal profits. Article 14 Advertising agents and publishers shall check whether the contents of technical advertisements are consistent with relevant technical documents, technical appraisal certificates and other certification materials, and shall not design, produce, represent or publish technical advertisements with false contents or incomplete certification materials. Fifteenth in technology trading activities, the following acts are prohibited:

(a) illegal monopoly of technology, hindering technological progress;

(2) Infringement of patent rights, technical secrets and other rights of scientific and technological achievements of others;

(3) false propaganda;

(4) colluding in bidding;

(5) Signing a technology contract by means of fraud or coercion;

(six) other acts prohibited by laws and regulations. Chapter III Technical Market Services Article 16 The establishment of various intermediary service agencies for technical transactions is encouraged to provide services such as venues, technical information, technical demonstrations, technical evaluation, technical brokerage, technical property rights transactions, and technical bidding agents for technical transactions. Seventeenth technology trading intermediary service institutions shall be registered according to law, and carry out technology trading service activities in accordance with laws, regulations and industry norms. Article 18 Various trade associations in the technology market shall carry out activities in accordance with their articles of association, conduct self-discipline management on members' professional ethics, code of conduct and practice skills, provide credit services for technology transactions, and regularly publish credit information of parties involved in technology transactions. Article 19 The municipal administrative department of science and technology shall build a technology market information network platform, collect and publish information on the supply and demand of technological achievements, broaden information channels and realize the sharing of information resources. Twentieth municipal administrative department of science and technology shall regularly make statistics and analysis on the technology market, so as to provide the basis for the government to formulate policies. Twenty-first municipal administrative department of science and technology shall arrange funds to organize technical exchanges, trading activities and infrastructure construction of technology market to support the development of technology market. Chapter IV Technology Market Guarantee Article 22 The technology contract accreditation and registration institution established by the municipal administrative department of science and technology is specifically responsible for the accreditation and registration of technology contracts. Twenty-third technology contract registration agencies shall not engage in any business activities.

The technology contract accreditation and registration institution and its staff have the obligation to keep confidential the technology contracts involving state secrets and commercial secrets of the parties. Article 24 After a technology contract comes into effect, the seller or intermediary of a technology transaction may apply to the technology contract registration agency for confirmation and registration. The same technology contract shall not be identified and registered repeatedly.

A technology contract that has not been recognized and registered shall not enjoy relevant preferential treatment.