Regulations of Tianjin Municipality on the Administration of Technology Market

Chapter I General Provisions Article 1 In order to prosper technology trade, improve technology market management and promote science and technology to serve economic construction, these Regulations are formulated in accordance with relevant state laws and regulations and in light of the actual situation of this province. Article 2 All technologies that conform to the industrial and technological policies of the State and promote economic construction, technological progress and social development may be traded as commodities, unless otherwise stipulated by the State. Article 3 People's governments at all levels shall implement the policy of opening, invigorating, supporting and guiding the technology market, and encourage multi-level, multi-channel and multi-form technology trade activities. Article 4 The technology trading activities shall follow the principles of voluntariness, equality, mutual benefit, compensation and good faith. Article 5 Citizens, legal persons and other organizations are encouraged to participate in trading activities in the technology market, and their intellectual property rights and other legitimate rights and interests are protected by law. Article 6 Whoever engages in technical trade activities within the administrative area of this Municipality shall abide by these Regulations. Chapter II Management Organization Article 7 The administrative department of science and technology of the Municipal People's Government is the competent department of the city's technology market. The administrative department of science and technology of the district and county people's governments shall be responsible for the management of the local technology market. Other relevant administrative departments are responsible for the technical market management of this system. Eighth technology market administrative departments are responsible for:

(a) to implement and enforce the laws and regulations on the technology market;

(2) Examining and managing technical trade institutions and issuing technical trade certificates;

(three) the management of technology contract registration, statistical analysis of technology market;

(four) responsible for the management of the technology market and the training and assessment of business personnel;

(5) Organizing information exchange in the technology market and coordinating and supervising technology trade activities;

(six) to commend and reward people who have made achievements in the work of technology market;

(seven) in conjunction with or coordinate with the relevant departments to check and deal with violations of these regulations in technology trade activities;

(eight) responsible for other management work of the technology market. Article 9 Departments of industry and commerce, finance, taxation, price and statistics at all levels shall, according to their respective responsibilities, cooperate with the technology market management department to manage the technology market. Chapter III Technical Trade Institutions Article 10 To establish a technical trade institution, citizens and legal persons shall meet the following conditions:

(a) the name and location of the institution;

(2) The business scope of technical commodities;

(3) Having professional and technical personnel suitable for the business scope;

(4) Having property and funds that are suitable for the business scope and can be independently controlled. Article 11 The establishment of a technology trading institution shall go through the registration formalities with the administrative department for industry and commerce and the tax department after being examined and approved by the technology market management department. Article 12 Where a technology trading institution is divided, merged, relocated, cancelled or changes other registered items, it shall go through the formalities of change or cancellation of registration with the technology market, industry and commerce and tax administration departments. Chapter IV Technology Trade Activities Article 13 The conclusion of a technology contract shall conform to the provisions of the Technology Contract Law and its detailed rules for implementation. The object of contract can be patented technology or non-patented technology, and the material carrier to realize these technologies. Article 14 Technical and trade institutions may engage in the following activities within the business scope approved by the administrative department for industry and commerce:

(a) to carry out technical trade activities such as technology development, technology transfer, technical consultation and technical services;

(two) production or distribution of pilot products in scientific research and new products in science and technology;

(3) Organizing the popularization and application of technological achievements;

(four) in line with the conditions to carry out intermediary business, you can carry out technical intermediary services;

(5) A scientific and technological development entity with legal personality that can establish or lead the integration of technology, industry (agriculture) and trade;

(6) Other technical trade activities. Article 15 Technologies involving national security or vital interests that need to be kept confidential and technologies subject to licensing system by the state shall be traded in accordance with relevant state regulations. Article 16 The lawful activities and income of technology intermediaries and technology brokers are protected by law. Seventeenth scientific and technical personnel engaged in technical trade activities, on the premise of completing their own work and not infringing on the technical rights and interests of their own units, their legitimate income is protected by law.

Scientific and technical personnel participating in technical trade activities shall abide by the relevant provisions of laws and regulations. Chapter V Identification and Registration of Technology Contracts Article 18 Identification and registration of technology contracts shall be carried out by the technology contract registration agency established by the municipal technology market administrative department in accordance with the provisions of relevant state departments, and a one-time registration system shall be implemented.

The recognized and registered technology contracts can enjoy preferential policies in the technology market. Nineteenth technology contract registration agencies shall examine whether the contract concluded by the parties is true and lawful, and if it is true and lawful, it shall issue a registration certificate to verify the technology income.

The technology contract registration institution shall make a conclusion within 30 days from the date of accepting the application and notify the applicant in writing. Twentieth staff engaged in the identification and registration of technical contracts shall have professional technical knowledge and pass the examination before they can engage in the identification and registration. Twenty-first technical projects determined through bidding, the parties shall entrust in accordance with the provisions of the Technology Contract Law. The contract is recognized and registered by the technology market registration agency, and can enjoy preferential policies for the technology market.