Article 1: In order to promote the transformation of scientific and technological achievements into productive forces and promote economic construction and social development, in accordance with the "Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements" and relevant laws and regulations, in conjunction with this Municipality Actually, this regulation is enacted. Article 2 These regulations shall apply to the transformation of scientific and technological achievements within the administrative region of this city. Article 3 Those engaged in scientific and technological achievement transformation activities shall abide by the principles of voluntariness, mutual benefit, fairness, good faith and credit, enjoy rights and interests and bear risks in accordance with the law or in accordance with the provisions of the contract.
Intellectual property rights in the transformation of scientific and technological achievements are protected by law. Article 4 The municipal science and technology administrative department is responsible for organizing the implementation of these regulations.
The municipal development and reform department, comprehensive economic management department and other relevant administrative departments shall manage, guide and coordinate the transformation of scientific and technological achievements in accordance with the prescribed scope of responsibilities.
The district people's government is responsible for managing, guiding and coordinating the transformation of scientific and technological achievements within its administrative region. Article 5 The municipal and district people's governments shall incorporate the transformation of scientific and technological achievements into the national economic and social development plans, and increase investment in the transformation of scientific and technological achievements year by year. Article 6 The Municipal People's Government shall promote the construction and development of the municipal science and technology information network, establish a scientific and technological achievements information database, and regularly publish a catalog of scientific and technological achievements and a guide to key scientific and technological achievements transformation projects. Article 7 The city shall establish science and technology venture capital funds and special funds for science and technology enterprise incubation.
Technology venture capital funds are mainly used for venture capital and financing guarantees of high-tech achievement transformation and industrialization projects; special funds for technology enterprise incubation are used to support technology enterprises in the incubation stage. Article 8: Domestic and foreign organizations or individuals are encouraged to conduct scientific and technological venture investments and scientific and technological achievement transformation activities in this city.
High-tech entrepreneurial service institutions can set up entrepreneurial funds or loan guarantee funds to provide financing assistance for the entrepreneurship, development and transformation of scientific and technological achievements of high-tech enterprises. Article 9 Permanent technology trading venues, engineering technology development centers, intermediate experimental bases, agricultural experimental demonstration bases, entrepreneurial service agencies, patent service agencies, productivity promotion agencies, etc. that engage in the transformation of scientific and technological achievements and their supporting services may enjoy preferential treatment in accordance with regulations. .
The Municipal People's Government shall provide financial and policy support to the capital construction projects of the institutions listed in the preceding paragraph that have been approved to be included in the municipal capital construction plan. Article 10: A recognition system is implemented for high-tech achievement transformation projects, and specialized agencies are required to identify the technical level, market prospects, risk levels, intellectual property status, etc. of high-tech achievement transformation projects implemented in this city. The specific identification methods shall be formulated by the Municipal People's Government. Article 11 The research and production land required for the recognized high-tech achievement transformation project, the land used by the enterprises affiliated to the project, and the newly built or newly purchased production and operation sites for the implementation of the project can be exempted from taxes and fees in accordance with relevant national regulations, and enjoy national , other preferential treatment stipulated in the relevant laws, regulations and rules of this province and this city. Article 12 Those who have any of the following circumstances will be subsidized by the Guangzhou Municipal Science and Technology Achievements Transformation Special Fund based on their economic benefits:
(1) The recognized high-tech achievement transformation project will start from the date of product sales Within 2 years from the date of sale;
(2) Within 3 years from the date of sale of the invention patented product or national-level new product produced by the first company in the city;
(3) The first company in the city The production of utility model patented products or provincial new products shall be within 2 years from the date of sale. Article 13 Technology contracts that have been recognized and registered by the municipal or district science and technology administrative departments shall enjoy the incentive and preferential policies stipulated by the state, this province and this city; the parties concerned shall submit an application to the competent tax authorities with the recognition and registration certificate, and upon review and approval, they shall enjoy Preferential tax policies stipulated by the state. Article 14: Service-related scientific and technological achievements with practical value obtained by state-owned scientific research institutions and colleges and universities, and service-related scientific and technological achievements obtained by fiscally funded science and technology plan projects undertaken by enterprises, must be disclosed to the public, promoted or kept confidential, unless the state stipulates that they must be disclosed to the public, promoted or kept confidential. If the transformation is not implemented within one year from the date of completion, the person who completed the scientific and technological achievements can adopt the following methods to transform: (1) Transfer the technology through agreement with the unit and enjoy the rights and interests stipulated in the agreement. If any dispute arises during the agreement process, you can apply for mediation to the science and technology administrative department at or above the district level.
(2) If an agreement cannot be reached with the unit, after approval by the municipal science and technology administrative department, the enterprise shall be established in accordance with the law to carry out the transformation or cooperate with others to carry out the transformation, and from the date of successful transformation and profit, continuous Ten percent of the annual net income derived from the conversion will be withdrawn and returned to the unit within three years.
Units holding job-related scientific and technological achievements shall support the above-mentioned scientific and technological achievement transformation activities.
The transformation of patented scientific and technological achievements shall be handled in accordance with the provisions of patent laws and regulations. Article 15: On the premise that scientific and technological personnel complete their duties and do not damage the technical and economic rights and interests of the unit, they may work part-time in other units to engage in scientific and technological achievement transformation activities, and the unit shall provide support.
Scientific and technological personnel of state-owned scientific research institutions and colleges and universities may, with the consent of their own units, set up their own enterprises to engage in scientific and technological achievements transformation activities. Article 16: If a unit that has accomplished scientific and technological achievements invests in shares with scientific and technological achievements, the person who accomplished the scientific and technological achievements may enjoy shares that are no less than 30% of the price at which the scientific and technological achievements were purchased. For any science and technology plan project that is funded by the government with more than 51% funding, the person who completes the scientific and technological achievements can enjoy a share of no less than 50% of the price of the scientific and technological achievements at the time of purchase. Share the proceeds.
Among the shares held by persons who have completed the scientific and technological achievements listed in the preceding paragraph, the main persons who have completed the scientific and technological achievements shall have a proportion of no less than 80%.