Technical transactions involving state security and state secrets shall be handled in accordance with relevant state regulations. Article 3 Encourage the development of technology transactions and technology information transactions that are conducive to economic construction and social development; Encourage overseas and foreign organizations and individuals to enter the technology market in this province to engage in technology trading activities.
Technology trading activities are not limited by region, industry, affiliation, economic nature and professional scope. The legitimate rights and interests of the parties to a technology transaction are protected by law. Article 4 People's governments at all levels shall support and encourage technology trading activities that serve economic construction and social development, and promote the development of technology market. Article 5 The administrative department of science and technology of the people's governments at or above the county level shall be responsible for the supervision and management of technology trading activities within their respective administrative areas. Article 6 Units and individuals that have made outstanding contributions to the development of technology market and technology trading activities shall be commended and rewarded by the people's government or relevant competent departments. Chapter II Regulation of Technology Market Article 7 Technology trading activities shall follow the principles of voluntariness, equality, mutual benefit and good faith. Eighth technology trading institutions engaged in technology trading activities shall carry out industrial and commercial registration according to law, and report to the administrative department of science and technology of the local people's government for the record within 30 days from the date of registration. Article 9 Both parties to a technology transaction may trade directly or through an intermediary.
Technology trading activities can be carried out through technology fairs, trade fairs, information conferences, tenders, technology fairs, permanent technology markets, online technology markets, etc. Article 10 The transferor of a technology transaction must be the legal holder of the provided technology, and guarantee the authenticity and reliability of the provided technology; Intermediary institutions shall ensure the authenticity of the technical information provided and the legality of the source; The transferee shall use the technology and pay the fees in accordance with the contract. Eleventh in the technology trading activities, the following acts are prohibited:
(1) Infringement of patent rights and technical secrets of others;
(2) Counterfeiting or impersonating patented technology;
(3) Providing false technical data, test results and evaluation reports;
(4) making false advertising;
(5) colluding in bidding;
(six) to conclude a technology contract by means of fraud or coercion, which harms the interests of the state;
(seven) other acts prohibited by laws and regulations. Article 12 It is advocated to conclude technology contracts by adopting the text of technology contracts formulated by the state in a unified way. Chapter III Technical Market Services Article 13 The establishment of 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. Fourteenth the establishment of technology trading intermediary service institutions must meet the following conditions:
(1) Articles of Association;
(2) Having a clear technical trading service scope;
(3) Having professional and technical personnel suitable for the service scope and scale;
(4) Having a fixed place and necessary funds and facilities;
(5) Other conditions stipulated by laws and regulations. Fifteenth brokers and technicians engaged in technology trading should have professional knowledge and obtain corresponding qualifications in accordance with the relevant provisions of the state. Article 16 Brokers engaged in technology trading shall provide objective, fair, accurate and efficient services in their brokerage activities, provide real and timely signing opportunities and trading information to the parties, truly reflect the performance ability and intellectual property rights of the parties, and keep technical secrets for the parties as agreed. Article 17 All kinds of associations in the technology market shall strengthen self-discipline management such as professional ethics education, code of conduct and practice skills training for their members, provide credit services for technology transactions, and regularly publish the credit information of the parties involved in technology transactions. Eighteenth to encourage the establishment of technology property rights trading institutions, according to the law to carry out technological achievements into shares, transfer of property rights of high-tech enterprises, high-tech enterprises to increase capital and shares, technology-related mergers and acquisitions and other activities, to promote the combination of technological achievements and other capital. Chapter IV Development of Technology Market Article 19 People's governments at all levels and relevant departments shall strengthen the cultivation, support, guidance and supervision of technology market, promote industry self-discipline and create a fair competition, standardized and orderly technology market environment. Article 20 The technology price, remuneration, use fee or commission paid by an enterprise may be amortized into the cost at one time or by stages.
The technical price, remuneration, use fee or commission paid by public institutions may be included in the expenditure of public utilities. Twenty-first parties to a technology transaction may apply to the administrative department of science and technology of the people's government of a province or city (state) for determining whether their technology contracts meet the conditions for the state and the province to enjoy preferential policies. The administrative department of science and technology of the people's government of the province or city (state) shall issue a certificate of recognition to the qualified technology contract; For those who do not meet the requirements, give the applicant a written reply and explain the reasons. No fees shall be charged for the identification of technical contracts.
The parties to a technology transaction apply to the tax authorities with the certificate of technology contract recognition, and after approval, their technology transaction income enjoys the preferential tax policies stipulated by the state.
It is forbidden to use invalid or false technology contracts, and to defraud the technology contract certificate by other improper means.